BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, FEBRUARY 8, 2000

 AGENDA

 Preliminary Matters

 Roll Call:  7:00 p.m.

 Ceremonial Matters:  In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

 Comments From The City Manager:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items, but may request the City Manager place a report on a future agenda for discussion.

 Comments From The Public:  A total of thirty (30) minutes is scheduled.  Each speaker is limited to a maximum of three (3) minutes.

 Youth Forum:  A total of fifteen (15) minutes is designated to allow youth an opportunity to address the Council.  Each speaker is limited to a maximum of three (3) minutes.

 Council Action: The City Council may take action related to any subject listed on the Agenda.

 Consent Calendar

 The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the “Action Calendar” unless the Council reorders the agenda.

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

2. Minutes for Approval
From:  City Manager
Recommendation:  Approve the minutes for Council meetings of:  a) January 11, 2000 (closed); b) January 11, 2000 (regular); c) January 18, 2000 (regular); d) January 25, 2000 (closed); and e) January 25, 2000 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Ordinance for Second Reading
(first reading vote:  Ayes – unanimous; Absent – Dean, Woolley)
a. Amending Berkeley Municipal Code (BMC) Section 14.56.050A to add streets with five ton gross vehicle weight limit to the area bounded by Dwight Way, Martin Luther King Jr. Way, Addison Street and McKinley Avenue and Grant Street between Dwight Way and University Avenue.
Contact:  Sherry M. Kelly, City Clerk, 644-6480

4. Purchase Order: Harbor Patrol Boat
From:  City Manager
Recommendation:  Adopt a Resolution accepting the bid of Aluminum Marine Construction, Inc. and awarding a purchase order in the amount of $54,745 for a grant funded replacement harbor patrol boat for the Berkeley Marina.
Contact: Frances David, Finance, 644-6476; Lisa Caronna, Parks and Waterfront, 644-6943

5. Contract Amendment:  Housing Trust Fund Project at 1250 Haskell Street
From:  City Manager
Recommendation:  Adopt a Resolution authorizing the City Manager to amend the contract with Northern California Land Trust (NCLT) by increasing the funding $25,000 for completion of the rehabilitation project located at 1250 Haskell Street.
Contact:  Stephen Barton, Housing, 644-6001

6. Expanding Berkeley Swim Program and Improvements to Berkeley Municipal Pools
From:  Mayor Dean and Councilmember Olds
Recommendation:  Requesting the City Manager investigate and report back within 90 days on the possibility of an expanded and enriched swim program and any needed physical improvements to the three municipal pools, and to explore meeting increased costs through long range market-based planning, marketing, and user/membership fees.
Contact:  Barbara Gilbert, Mayor's Office, 644-6484; Betty Olds, Councilmember District 6, 644-6399

7. Budget Review Process: Stoplights for Dangerous Intersections
From:  Councilmember Armstrong
Recommendation:  Refer to the mid-year budget review process the installation of  additional stoplights for the two most dangerous intersections in an effort to increase pedestrian safety city-wide.
Contact: Polly Armstrong, Councilmember District 8, 644-6401

8. Budget Review Process: Santa Rosa Lights at Piedmont and Ashby
From:  Councilmember Armstrong
Recommendation:  Refer to the mid-year budget review process the installation of "Santa Rosa Lights" at the intersection of Piedmont Avenue and Ashby Avenue.
Contact: Polly Armstrong, Councilmember District 8, 644-6401

9. Extend Completion of Seismic Retrofit Work
From:  Councilmember Olds
Recommendation:  Direct the City Manager to draft an Ordinance amending Berkeley Municipal Code (BMC) Section 7.52.060.K  to allow two years for the completion of seismic retrofit work for transfer tax credit.
Contract:  Susan Wengraf, Councilmember Olds' Office, 644-6399

10. Tritium-Filled "Exit" Signs
From:  Councilmember Armstrong
Recommendation:  That the City, as it completes its new and remodeled buildings, not use tritium-filled "Exit" signs, but choose alternative signs instead.
Contact: Polly Armstrong, Councilmember District 8, 644-6401

11. Berkeley Health Status
From:  Vice Mayor Shirek
Recommendation:  Direct the City Manager to provide Council with a full copy of a 1999 City Health Status Report immediately and establish a Health Committee with interdepartmental representation from Housing, Public Health, Economic Development and Planning.
Contact:  Dale Bartlett, Councilmember Shirek's Office, 644-6243

12. Proclamation Honoring Bob Burnett and the Resiliency Network
From:  Councilmember Maio
Recommendation:  Approve presentation of proclamations at the February 15^th meeting recognizing the contribution of Bob Burnett and the Resiliency Network in helping the City with its Y2K preparation effort.
Contact: Linda Maio, Councilmember District 1, 644-6359

13. Presentation on Y2K and Earthquake Preparation Efforts
From:  Councilmember Maio
Recommendation:  Schedule 30 minutes on the February 15^th agenda for: a) a presentation by Dr. Murat Karaca of the Lawrence Berkeley National Laboratory's (LBNL) Engineering Division who will share his experience from his recent visit to Turkey following its disastrous earthquake, as previously approved by Council at its December 7^th meeting; and b) a status report from staff on Berkeley's seismic preparation efforts and how we can use our experience with Y2K to help residents maintain a state of readiness should a seismic event occur.
Contact: Linda Maio, Councilmember District 1, 644-6359

14. Support AB 1648:  Study of the Metropolitan Transportation Commission
From:  Councilmember Worthington
Recommendation:  Support Assembly Bill 1648 which provides for a study of the Metropolitan Transportation Commission (MTC); and send letters of support to State Assemblywoman Dion Aroner, State Senator Don Perata, and Governor Gray Davis.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

15. Moratorium on Automobile-Related Uses on University Avenue
From:  Councilmember Spring
Recommendation:  Refer to staff a moratorium on any new automobile-related uses on University Avenue which is consistent with the University Avenue Plan adopted by the Planning Commission and Council, and modify the Zoning Ordinance consistent with this action.
Contact: Dona Spring, Councilmember District 4, 644-6266

16. Code Violations in Tenant Buildings
From:  Councilmembers Spring and Worthington
Recommendation:  Request the City Manager provide adequate staffing to handle the tenants' increased requests for assistance with code compliance issues in the Lakireddy-owned apartment buildings; and that the City Manager and City Attorney work with the Rent Board staff to investigate and cite violations of the housing code and the Berkeley rent laws.
Contact: Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398

17. Appreciation to Senator Dianne Feinstein
From:  Councilmember Spring
Recommendation:  Request the City Manager write a letter to Senator Dianne Feinstein thanking her for her offer to write legislation to protect witnesses in the Lakireddy case from deportation to India; and request the City Attorney inform Council if any of the witnesses and victims who did not violate laws get deportation notices from INS.
Contact: Dona Spring, Councilmember District 4, 644-6266

18. Underground Water Damage on Acton and 66^th Streets
From:  Councilmember Breland
Recommendation:  Refer to the City Manager a request for the City to respond and act upon water entering underground into the basement of several homes on 66^th and Acton Streets.
Contact: Margaret Breland, Councilmember District 2, 644-6400

19. Standby Officer Designation for Times of Emergency
From:  Mayor Dean
Recommendation:  Ask the City Manager to initiate updating the current list of Emergency Standby Officer designees for City Manager, Mayor, and Council, and to establish a set time each year to update this list.
Contact:  Barbara Gilbert, Mayor's Office, 644-6484

20. Support Legislation Calling for Internet Sales Taxation
From:  Mayor Dean
Recommendation:  Encourage Assembly Members Migden and Aroner to move quickly and thoughtfully forward with legislation they are considering which would mandate the collection of California sales taxes from retail businesses having stores in California and also conducting sales on the Internet; and that Council notify Assembly Members, Senators, and the City's Sacramento Lobbyist of Berkeley's support.
Contact:  Barbara Gilbert, Mayor's Office, 644-6484

Public Hearings

21. Public Hearing:  Zoning Appeal of Use Permit 99-10000032 - 37 Mosswood Road
a.  Appeal filed by Ben White and Sharon F. Landes, from the decision of the Zoning Adjustments Board which approved a Use Permit with findings and conditions for the property located at 37 Mosswood Road, to allow a second dwelling where only a single residential dwelling is allowed, and to allow this unit without providing additional parking where each dwelling is required to provide one parking space per 1,000 square feet of gross floor area with a minimum of two spaces.
Contact:  Sherry M. Kelly, City Clerk, 644-6480
b.  City Manager Report dated February 8, 2000
Recommendation:  Open and continue the public hearing to the meeting of March 21, 2000.
Contact:  Wendy Cosin, Planning and Development, 705-8105
c.  Communication from Janice Thomas, applicant, 37 Mosswood Road
Contact:  Sherry M. Kelly, City Clerk, 644-6480

Action Calendar

Appeals:

22. Zoning Appeal of Use Permit 99-10000040, 2336 Fifth Street
a.  Appeal filed by Michael Goldin of the Zoning Adjustments Board decision of October 28, 1999, which denied Use Permit 99-10000040 to construct two commercial buildings totaling 23,000 square feet, construct a building with a height of 35 feet, and designate up to 10% of the required 39 parking spaces as bicycle parking spaces.
b.  City Manager Report (to be delivered)
Recommendation:  Set the matter for a public hearing on March 21, 2000 to consider the proposed project and proposed housing and childcare mitigations to be submitted by the Office of Economic Development.
Contact:  Wendy Cosin, Planning and Development, 705-8105
c.  Communication:
     1.    Michael Goldin, Applicant
     2.    Robert Hourula, Sirpa Tuomainen, and Bob Howard, Fifth and Channing neighbors.
Contact: Wendy Cosin, Planning and Development, 705-8105

 Old Business:

23. How the Brown Act Applies to Electronic Communications (removed from Consent by Councilmember Worthington and held over from January 25 meeting)
From:  Mayor Dean
Recommendation:  Request the City Manager and City Attorney to arrange for workshop(s) for Berkeley's Councilmembers, Commissioners, Board Members and other interested parties which focus on how electronic communications should be handled under the Brown Act; and that this subject matter be incorporated into the Commissioner Handbook and other written guidelines.
Contact:  Barbara Gilbert, Mayor's Office, 644-6484

24. Support Proposition 26 (Majority Rule Act for Smaller Classes, Safer Schools, and Financial Accountability) (removed from Consent by Councilmember Worthington and held over from January 25 meeting)
From:  Councilmember Worthington
Recommendation:  Support Proposition 26 regarding Majority Rule Act for Smaller Classes, Safer Schools, and Financial Accountability on the March 2000 Ballot, and send letters of support to State Senator Don Perata, State Assemblywoman Dion Aroner and Governor Gray Davis.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

25. First On-Line City Council Meeting (removed from Consent by Councilmember Armstrong and held over from January 25 meeting)
From:  Councilmember Worthington
Recommendation:  Conduct the first on-line City Council meeting regarding the Draft Revision of the Berkeley General Plan.  The mechanism for this Internet dialogue would be on Actionforum.  Also designate up to four Councilmembers to continue participating in Actionforum's General Plan dialogue.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

New Business:

26. Animal Care in Berkeley
From:  Animal Care and Control Task Force
Recommendation: A) Berkeley Animal Shelter: 1) Rename the Shelter (one suggestion - "Berkeley Friends for Life Animal Care Shelter"); 2) Express appreciation to the Police Department for improvements in appearance and operation of the  Shelter; 3) That the "Berkeley Friends for Life Animal Care Shelter" remain in the Police Department but that a civilian director be hired; 4) A search be undertaken immediately to recruit for the Director's position and that two representatives each from the Humane Commission, animal rescue groups, and from the Friends of the Shelter group participate in the selection process.

5) The City Manager appoint a temporary facilitator who will not be a competitor for the permanent position of Director who has experience with "minimum kill" and will work closely with the existing Director, staff and rescue groups to smooth the transition, and will work on the preliminary steps to reorganize the budget; 6) Adopt a "minimum-kill" policy, effective immediately, in the operation of the Shelter.  For one year, request the City Manager keep  Council informed on a quarterly basis as to how this objective is being implemented; 7) Request Shelter staff  work immediately with volunteers and community groups to increase animal adoption activities as well as decrease the number of animals entering the Shelter; 8) Shelter staff develop written mutual cooperation agreements that will establish affiliate relationships between the Shelter and the Berkeley East Bay Humane Society and other local rescue groups; 9) Recognize the Friends of the Shelter group as a volunteer support group for Shelter activities and programs and allocate funds within the Shelter budget for this function and hire a fulltime, paid Coordinator of Volunteer Services; 10) Make a commitment toward the construction of a new animal shelter or rebuilding the current one. An architectural consultant experienced in designing animal shelters to be retained by the City; and 11) Authorize the Mayor to convene a group of citizens who will begin to explore raising funds through private and grant sources for the construction of a new animal shelter.

B. Spay and Neuter: 12) In connection with Item 7 above, activities that reduce the number entering the Shelter are as important as activities to increase the numbers of animals leaving the Shelter through adoption, fostering or restoration to their owners. Council should indicate its preliminary approval of the proposed Spay and Neuter Ordinance, and refer it to the City Attorney for drafting in appropriate legal language; 13) Request the City Manager   immediately develop an affordable Spay and Neuter Program available to everyone, and free to those with no funds. Explore special programs to reach feral cats, over-represented breeds, and pets owned by homeless, elderly and disabled individuals, as part of Berkeley's affordable Spay/Neuter Program; 14) Direct the City Manager make an adjustment to the General Fund budget to reallocate $10,000 in unclaimed spay and neuter fees from the past three fiscal years to bring the City into compliance with State Food and Agriculture regulations, plus $15,000 for additional cages, be set aside to provide affordable spay and neuter program services; 15) Set up a special fund for the depositing of these fees plus future unclaimed spay and neuter fees and any donations received for this purpose; and 16) That providing affordable spay and neuter clinic services involves the use of vouchers which will be accepted by any local participating veterinarian or clinic services as set up by humane organizations.

C. Dog Licensing and Cat Registration: 17) Request the City Manager prepare any resolutions or ordinances necessary to restructure license fees as detailed in the report; 18) Adopt the policy that Staff should be more aggressive about licensing and that licenses should be more easily obtainable and be available at the Shelter, local veterinarian offices and clinics.  The City Manager immediately pursue on-line sale and renewal of licenses and analyze the use of the required quarterly reports from Berkeley veterinarians regarding how information about rabies inoculation is used to increase the number of dog licenses.

D. Humane Education: 19) Advise the City Manager that development and aggressive distribution of educational materials to be a priority for the Shelter. The Shelter should distribute educational materials at every opportunity, such as street fairs, school classrooms, neighborhood meetings, City Manager's annual report and the like; 20) Distribution of educational materials to be included at the point at which the license is obtained including a local veterinarian office, at all adoption events, and in the Shelter. Place materials wherever animal food and supplies are sold, including in those stores which are located outside of Berkeley; 21) Request the City Manager provide necessary resources for the development of educational materials that are in languages other than English and that are culturally sensitive, that the Humane Commission work with staff in developing these materials.

E. Evaluation:  22) An evaluation component be built into all animal care services so that the City can track outcomes and a report be submitted to the public, the Citizens Humane Commission and the Council, and at a minimum, contain information about licensing and impound rates and disposition of animals from the Shelter.

F.  Overall: 23) Express to the City Manager that Berkeley move forward on the above recommendations and report back with a fiscal analysis and a time table for implementation; 24) All programs and services to apply to Berkeley residents only.  If the City maintains contractual relationships with other cities, eligibility for programs will have to be worked out in the individual contract with appropriate payment toward expenses; 25) Appoint Councilmember Spring as Council Liaison to the Citizens Humane Commission pursuant to Berkeley Municipal Code 3.08.030 for a period to coincide with her Council term, to December 1, 2002; 26) Council appoint a temporary Council Committee to meet at least monthly with a committee of the Citizens Humane Commission to provide oversight of implementation of the report, to expire December 31, 2000, and report to the Council and Commission on a regular basis.
Contact:  Contact:  Shirley Dean, Mayor, 644-6484; Contact: Betty Olds, Councilmember District 6, 644-6399; Contact: Dona Spring, Councilmember District 4, 644-6266; Cindi Goldberg, 526-0566 and Nancy Ober, (415) 677-3127, Humane Commissioners.
a.  Councilmember Woolley Report (dated November 9, 1999)
Recommendation:  Establish an Affordable Spay/Neuter Program for all Berkeley dogs and cats, begin a strong outreach and educational program to support responsible pet ownership, and collect data to be used as the basis for setting goals and priorities.
Contact: Diane Woolley, Councilmember District 5, 644-6294
b.  City Manager Information Report: Animal Shelter Staffing (CR 99-70)
Contact: Dash Butler, Police, 644-6568

27. Strawberry Creek Downtown
From:  City Manager
Recommendation:  Direct the City Manager to: 1) work with the Planning Commission to conduct an extensive community input process to identify two or three preferred site-specific scenarios for daylighting Strawberry Creek in the Downtown area based on the information presented in the "Data Collection Study" by Wolfe Mason Associates; 2) prepare a Request for Proposals for a consultant to perform more detailed economic analysis for potential projects; 3) bring a detailed proposal back to Council; 4) investigate potential funding sources for project implementation; and 5) direct the project to the budget process to identify funding necessary for Phase II.
Contact:  Rene Cardinaux, Public Works, 644-6506
a.  Parks and Recreation Commission Information Report
Contact:  Jay Kelekian, Secretary, 644-6952

28. Living Wage Ordinance Application (to be delivered)
From:  Waterfront Commission
Recommendation:  Adopt a Living Wage Ordinance and insure that it applies to the non-public workers at the Berkeley Waterfront.
Contact:  Cliff Marchetti, Secretary, 644-6970 ext. 224
City Manager Report (to be delivered)
Recommendation:  Refer the Waterfront Commission recommendation to staff to incorporate into the Living Wage discussion.
Contact: Frances David, Finance, 644-6476

29. Transgender and Lesbian/Gay/BiSexual Cultural Awareness Training for Berkeley Police Officers
From:  Police Review Commission
Recommendation:  Allocate $30,000 to provide four hours of cultural awareness training for Berkeley Police Officers in addition to the Cultural Awareness Training currently in place, and requesting the City Manager send a letter to the California Department of Justice Commission on Peace Officer Standards and Training (POST) requesting reimbursement for such training.
Contract:  Barbara Attard, Secretary, 644-6716
a.  City Manager Report
Recommendation:  The recommendations contained in this report affect budget and/or other programs.  Please refer to the budget process.  This could be taken into consideration at the mid-year budget review on February 22, 2000.
Contact:  James Keene, City Manager, 644-6580

Information Reports

30. Restricting Youth Access to Bidis (CR 99-115)
From:  City Manager
Contact:  Fred Medrano, Health and Human Services, 644-6459

31. Update on University Relations Commission
From:  City Manager
Contact:  Arrietta Chakos, City Manager's Office, 644-6580

32. Status of Y2K
From:  City Manager
Contact:  Phil Kamlarz, Deputy City Manager, 644-6580

 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. Supporting animal care and the Spay/Neuter Ordinance:

1. Harry Siitonen, President, Tenants Association, Strawberry Creek Lodge
2. Erin Williams
3. Andy Page
4. Christina Griffin
5. Sharon Melnyk, Friends of Berkeley Animal Shelter
6. Petition containing approximately 84 signatures in support of ordinance
7. Jean Richter, UC Berkeley
8. John A. Larson, Peninsula Humane Society
9. Veronique Strange
10. Mary Kirwin Veloz
11. Santa Cruz SPCA
12. Bruce Finker, et al.
13. San Francisco Chronicle newspaper article
14. Eric Mills, Action for Animals
15. Various posters
16. Diane Allevato, Executive Director, Marin Humane Society
17. Cathleen Young
18. Christine Caldwell and staff, Berkeley Animal Shelter
19. Cassandra Fazio
20. Petition containing approximately 37 signatures in support of ordinance
21. Judy Ann Alberti, Secretary of Berkeley Citizens Action

 2. L.A. Wood, regarding soil investigations at 4^th and Harrison Streets and the Bay Area Air Quality Management District's Hearing Board process.

 3. Regarding Oxford Tract Development:

1. Daniella Thompson and James Sharp, regarding Oxford Tract "Surge" Building.
2. Bob Sheppard

4. Martha Nicoloff, regarding zoning problems in the General Plan shuffle.

5. Patrick Kennedy, Panoramic Interests, regarding the Gaia Building

6. John Vance, A First Amendment Center, regarding community issues. (additional pages on file for review in the City Clerk's Office).

 7. Jered Lawson, Berkeley Food Policy Council, regarding Tuesday's Farmers Market on Derby Street.

 8. Elvira Rose, President, North Berkeley Senior Center Advisory Council, Inc., regarding Taxi Script Program.

 Adjournment

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