REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, FEBRUARY 9, 1999

SUMMARY

 Preliminary Matters

Roll Call: 7:03 p.m. Councilmember Shirek absent.

Ceremonial Matters:

1. Proclamation Honoring "Censure and Move On" Group

Comments from the City Manager:

Comments from the Public: Eight speakers.

Youth Forum: No speakers.

Consent Calendar

Action: Moved, seconded, carried (Olds/Breland; Absent - Shirek) to adopt Consent Calendar items in one motion except as indicated.

1. Needle Exchange Emergency Distribution
   From: City Manager
   Recommendation: Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
   Contact: Manuela Albuquerque, City Attorney, 644-6380

Action: Adopted Resolution No. 59,862-N.S.

2. Minutes for Approval
   From: City Manager
   Recommendation: Approve the minutes for Council meetings of: a) January 12, 1999 (closed); b) January 12, 1999 (regular); c) January 26, 1999 (special); and January 26, 1999 (regular).
   Contact: Sherry M. Kelly, City Clerk, 644-6480

Action: Approved minutes with the exception of January 12, 1999 (regular) and January 26, 1999 (regular) held over by Mayor Dean.

3. Purchase Order: Two-Axle Garbage Truck
   From: City Manager
   Recommendation: Adopt a Resolution awarding a Purchase Order to F. P. Hart Co., Inc. in an amount not-to-exceed $134,205 for the purchase of a 20-yard, 2-axle garbage truck.
   Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Action: Adopted Resolution No. 59,863-N.S.

4. Purchase Order: Three-Axle Garbage Truck
   From: City Manager
   Recommendation: Adopt a Resolution awarding a Purchase Order to Allstate Volvo & GMC Truck in an amount not-to-exceed $163,574 for the purchase of a 25-yard, 3-axle garbage truck.
   Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Action: Adopted Resolution No. 59,864-N.S.

5. Purchase Order: Rotary Mower
   From: City Manager
   Recommendation: Adopt a Resolution awarding a Purchase Order to H.V. Carter Co., Inc. in an amount not-to-exceed $67,263 for the purchase of a Jacobsen HR-9016 Turbo Wide-Area Rotary Mower.
   Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Action: Adopted Resolution No. 59,865-N.S.

6. Contract: Sanitary Sewer Replacement and Storm Drain Improvement Project
   From: City Manager
   Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Replacement and Storm Drain Improvement Project located at Middlefield Road, Overlook Road, Hazel Road, Oakvale Avenue, Hillside Court, Prince Street, Webster Street and San Diego Road; accepting the bid of Darcy and Harty Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not-to-exceed $1,479,186 for a period of 220 calendar days.
   Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Action: Adopted Resolution No. 59,866-N.S.

7. Deed Restriction Agreement: Marina Rehabilitation, F & G Dock Replacement
   From: City Manager
   Recommendation: Adopt a Resolution dedicating to public use, in perpetuity, the path adjacent to Docks F and G, along Marina Boulevard in the Berkeley Marina, and authorizing the City Manager and the City Clerk to execute, and record, a deed restriction agreement with the San Francisco Bay Conservation and Development Commission.
   Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Action: Adopted Resolution No. 59,867-N.S.

8. Memorandum Agreement: Social Services Union/SEIU Local 535
   From: City Manager
   Recommendation: Adopt two Resolutions: 1) approving a four-year Memorandum Agreement with Social Services Union/SEIU Local 535 for the period June 28, 1998 through July 6, 2002, and authorizing the City Manager to execute and implement said agreement which includes first year cost-of-living and certain other adjustments to benefits retroactive to June 28, 1998 and other dates named in the agreement; and 2) approving a Salary Resolution for Representation Units G-1, G-3, I-A, I-B and L which implements salary levels negotiated in the new agreement and rescinding Resolution No. 59,369-N.S.
   Contact: Ronald Brown, Personnel, 644-6951

Actions: Removed from the Consent Calendar by Councilmember Spring. Moved, seconded (Armstrong/Olds) a main motion to approve recommendation.

Moved, seconded, carried (Worthington/Spring) a substitute motion to have the City Manager bring the item back either on February 16 or February 23, 1999 depending on reaching a consensus with the union regarding parking in the MAGNA neighborhood.

9. Memorandum Agreement: Part-Time Recreation Leaders Assocation/SEIU Local 535
   From: City Manager
   Recommendation: Adopt two Resolutions: 1) approving a four-year Memorandum Agreement with the Part-Time Recreation Leaders Association/SEIU Local 535 (PTRLA) for the period June 28, 1998 through July 6, 2002, and authorizing the City Manager to execute and implement said agreement which includes first year cost-of-living and certain other adjustments to benefits retroactive to June 28, 1998 and other dates named in the agreement; and 2) approving a Salary Resolution for Representation Units R-1 and R-2 which implements salary levels negotiated in the new agreement and rescinding Resolution No. 59,369-N.S.
   Contact: Ronald Brown, Personnel, 644-6951

Actions: Removed from the Consent Calendar by Councilmember Spring. Moved, seconded (Armstrong/Olds) a main motion to approve the recommendation.

Moved, seconded, carried (Worthington/Spring) a substitute motion to have the City Manager bring back the item on either February 16 or February 23, 1999 depending on the City Manager reaching a consensus with the union regarding employees parking in the MAGNA neighborhood during field work.

10. Opposing PG&E’s Increased Rates
    From: City Manager
    Recommendation: Adopt a Resolution opposing Pacific Gas and Electric’s (PG&E) requested $1.5 billion gas and electric rate increases.
    Contact: Weldon Rucker, Deputy City Manager, 644-6580

Action: Adopted Resolution No. 59,868-N.S. The Mayor said for the record that she felt the staff recommendation is too weak and that she will be working on this issue at the Alameda County Mayors’ Conference.

11. Changing Location of City’s Official Posting Bulletin Board
    From: City Manager
    Recommendation: Adopt a Resolution amending Resolution No. 58,556-N.S., establishing the place and manner of publicizing ordinances and other matters, to change the location of the City’s official posting board to the north side of the Civic Center Building at the corner of Milvia and Center Streets.
    Contact: Rene Cardinaux, Capital Projects, 644-6580

Action: Adopted Resolution No. 59,869-N.S.

12. Proclamations: Parks Mini-Grant Adopt-a-Park Groups
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute Certificates of Appreciation for the recipients of Parks Mini-Grant funds in Round Three and Round Four, and in future Rounds, as Mini-Grant Program funds may be awarded.
    Contact: Lisa Caronna, Parks and Waterfront, 644-6943
    Action: Adopted Resolution No. 59,870-N.S. Certificates to be presented at the February 23, 1999 meeting.
13. Development Impact Fee Waivers (CR 98-03 and 98-90)
    From: City Manager
    Recommendation: Direct staff to forward to Council simultaneously with its correspondence to the Zoning Adjustments Board any recommendation to reduce affordable housing or child care impact fees by an amount that is greater than both $25,000 and 50% of the calculated fees based upon a project’s impacts.
    Contact: Bill Lambert, Economic Development, 705-8184

Action: Withdrawn by the City Manager.

14. Amend Ordinance Relating to Refunds of Sewer Bill Overpayments
    From: City Manager
    Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 7.20 (Ordinance No. 5535-N.S.) to authorize the Finance Department to refund specified overpayments of sewer bills.
    Contact: Frances David, Finance, 644-6476; Zach Cowan, City Attorney, 644-6380
    Action: Removed from the Consent Calendar by Councilmember Olds. Moved, seconded, carried (Olds/Spring; Absent – Maio, Shirek) to amend item B-3 to read August 31, 1999 and adopt first reading of Ordinance. Second reading February 16, 1999.
15. Cable Television Franchise Transfer Agreement
    From: City Manager
    Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement transferring the Cable Television Franchise granted to Heritage Cablevision of Delaware, Inc. to AT&T Corporation.
    Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Olds/Armstrong; Noes - Worthington; Abstain - Woolley; Absent – Maio, Shirek) to adopt Resolution No. 59,871-N.S. with conditions and to direct the City Manager to come back on February 23, 1999 with a response to the suggestions made in a letter from Pacific Bell.

16. Continued Public Hearing Concerning Appeal of Use Permits 3033/3681 – Virginia Street (Berkeley Asphalt)
    Recommendation: Continue the hearing on this matter from February 16, 1999 to March 16, 1999.
    Contact: Zach Cowan, City Attorney, 644-6380
    Action: Approved recommendation.
17. Regulating ATM Surcharges
    From: Councilmembers Spring, Worthington and Breland
    Recommendation: Refer to the City Attorney a proposed San Francisco ordinance regarding prohibiting a financial institution from imposing a surcharge on non-account holders who use ATMs for evaluation as a potential Berkeley ordinance.
    Contact: Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398
    Action: Removed from the Consent Calendar by Councilmember Spring and held over to February 23, 1999.
18. Blocking Acquisition of Ingram Book Company
    From: Mayor Dean
    Recommendation: Adopt a Resolution supporting the efforts by independent booksellers to block the acquisition of Ingram Book Company by Barnes & Noble and send the Resolution to the Chairman of the Federal Trade Commission, Mr. Robert Pitofsky, to the Anti-Trust Division of the U.S. Department of Justice and to our legislators in Congress.
    Contact: Jennifer Drapeau, Mayor's Office, 644-6484
    Action: Adopted Resolution No. 59,872-N.S.
19. Support SB192: Banning MTBE From Gasoline
    From: Mayor Dean
    Recommendation: Support SB192 which will require the immediate pump labeling of gasoline containing Methyl Tertiary Butyl Ether (MTBE) and would ban MTBE in gasoline beginning December 1, 1999 and notify Senator Perata, our Sacramento Lobbyist, our representatives in Sacramento, and other Mayors in the Bay Area urging them to take similar action.
    Contact: Jennifer Drapeau, Mayor's Office, 644-6484

Action: Approved recommendation.

20. Raising the Tibetan Flag in Solidarity With Tibetan People
    From: Councilmember Worthington and Mayor Dean
    Recommendation: Allow the Tibetan flag to be raised on the City flag pole on March 10, 1999 to show solidarity with the people of Tibet, as well as Tibetan support groups in European communities, in commemoration of the Tibetan National Uprising.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398; Shirley Dean, Mayor, 644-6484

Action: Approved recommendation. (Noes - Armstrong.)

21. National Freedom to Marry Day
    From: Councilmembers Worthington, Shirek, Spring
    Recommendation: Support the non-interference of the government with same-gender couples who choose to marry and share fully and equally in the rights, responsibilities, and commitment of civil marriage, and declare February 12^th as National Freedom to Marry Day.
    Contact: Kriss Worthington, Councilmember District 7, 644-6398; Maudelle Shirek, Councilmember District 3, 644-6243; Dona Spring, Councilmember District 4, 644-6266

Action: Approved recommendation.

22. Support for Berkeley High School Jazz Ensemble
    From: Councilmember Maio
    Recommendation: Adopt a Resolution donating $1,000 to the Berkeley High School Jazz Ensemble for their planned trip to Japan in June 1999; and approving a proclamation to be read at the kickoff fundraising event for this tour on Sunday, February 28, 1999 at the Claremont Hotel on behalf of the City Council.
    Contact: Linda Maio, Councilmember District 1, 644-6359

Action: Adopted Resolution No. 59,873-N.S.

23. Service Recognition: Frederica Drotos
    From: Community Environmental Advisory Commission
    Recommendation: Recognize the efforts of Frederica Drotos for her two years of service with the Community Environmental Advisory Commission on such issues as Lawrence Berkeley National Laboratory, control of plastics usage and waste generation, and organic food laws.
    Contact: Nabil Al-Hadithy, Secretary, 705-8155

a. City Manager Report
Recommendation: Concurs with content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105

Action: Approved recommendation.

Action Calendar

Appeals:

24. Zoning Appeal of Use Permit 98-10000025 – 165 Vicente Road

1. Sheli Nan
2. David Kessler
3. William and Lorelei O’Neill, applicant
4. Rena Rickles, Attorney, on behalf of applicant

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

1. Zoning Appeal of Use Permit 98-10000070 – 2141 Ward Street

a. Appeal filed by Leah Hess, Attorney, on behalf of Jorge Sanchez, of the Zoning Adjustments Board decision granting a Use Permit to: 1) allow elimination of one 2^nd floor unit and to allow the ground floor unit; 2) vertically extend the line of the non-conforming wall by raising the height of the structure; 3) horizontally extend the line of the non-conforming wall to construct a mechanical equipment room; and 4) allow the construction of two trellises approximately 9-feet high in the required front yard at 2141 Ward Street.
Contact: Sherry M. Kelly, City Clerk, 644-6484
b. City Manager Report
Recommendation: Adopt a Resolution affirming the decision of Zoning Adjustments Board and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication:
1. Leah Hess, Attorney on behalf of appellant

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

Moved, seconded, failed (Armstrong/Olds; Noes – Breland, Spring, Worthington; Absent - Maio, Shirek) the substitute motion to affirm the decision of the Zoning Adjustments Board.

The matter will be brought back on the Council agenda of February 23, 1999 as required under the Zoning Ordinance.

2. Zoning Appeal of Use Permit 98-10000054 - 2527 Piedmont Avenue
   a.Appeal filed by Judith Epstein, Mark Thomsen, Amelia Nissenbaum, Cathy Kessel, Paul Hirsohn, Charlotte Boemio, and David Mundstock, of the Zoning Adjustments Board’s decision granting a Use Permit to demolish an existing four-unit residential building and construct a three-unit residential structure at 2527 Piedmont Avenue.
   Contact: Sherry Kelly, City Clerk, 644-6480
   b.City Manager’s Report
   Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve a Use Permit to demolish a four-unit building and construct a three-unit residential building.
   Contact: Liz Epstein, Planning & Development, 705-8110
   c.Communication from:

1. John Coreris and Donald Hunt, applicants
Contact: Sherry M. Kelly, City Clerk, 644-6480
Actions: Moved, seconded, failed (Armstrong/Spring; Noes – Olds, Woolley; Abstain - Dean; Absent – Maio, Shirek) the main motion to set a public hearing.

Moved, seconded, failed (Olds/Woolley; Noes – Armstrong, Breland, Spring, Worthington; Abstain – Dean; Absent – Maio, Shirek) the substitute motion to affirm the decision of the Zoning Adjustments Board.

The matter will be brought back on the Council agenda of February 23, 1999 as required under the Zoning Ordinance.

3. Landmarks Preservation Commission Appeal – 2527 Piedmont Avenue
   a.Appeal filed by Judith Epstein, Mark Thomsen, Amelia Nissenbaum, Cathy Kessel, Paul Hirsohn, Charlotte Boemio, and David Mundstock, of the Landmarks Preservation Commission’s determination that a project proposal concerning the Merton J. Congdon House located at 2527 Piedmont Avenue, is categorically exempt (Class 3) from CEQA Guidelines.
   Contact: Sherry Kelly, City Clerk, 644-6480
   b.City Manager’s Report (material incorporated in above report – item 26b)
   Recommendation: Adopt a Resolution affirming the decision of the Landmarks Preservation Commission to approve the demolition/alteration of a designated Structure of Merit to allow a three-unit residential building.
   Contact: Liz Epstein, Planning & Development, 705-8110
   c.Communications from:
   1. Cathy Kessel
   2. Judith Epstein

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

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

Moved, seconded, failed (Olds/Woolley; Noes - Armstrong, Breland, Spring, Worthington; Abstain - Dean; Absent - Maio Shirek) the substitute motion to affirm the decision of the Landmarks Preservation Commission.

The matter will be brought back on the Council agenda of February 23, 1999 as required by the Zoning Ordinance.

Old Business:

(Reports and communications related to public hearings that were distributed to Council when the issue was first heard are not included. However, new material has been noted with an *.)

4. Continued Public Hearing Regarding Adoption of a New Zoning Ordinance (see agenda packet of January 26, 1999 for written material)
   a.City Manager Report dated February 9, 1999 * (to be delivered)
   Recommendation: 1) conduct and conclude the public hearing; 2) adopt a Resolution approving the proposed Negative Declaration under the provisions of the California Environmental Quality Act (CEQA); 3) adopt first reading of an Ordinance repealing Ordinances No. 413-N.S. and No. 3018-N.S. and adopting a new Zoning Ordinance (including new replacement pages) and Official Zoning Map; and 4) direct the Planning Commission in consultation with the Zoning Adjustments Board (ZAB) and the Landmarks Preservation Commission (LPC), to review the revised Ordinance not more than six months after its effective date to evaluate the effectiveness of the Ordinance changes, consider items referred by the Council and others in the "Referral List" and recommend proposals on additional changes which are needed.
   Contact: Liz Epstein, Planning and Development, 705-8105

b. City Manager Report dated January 26, 1999
Recommendation: Conduct a public hearing and upon conclusion, continue the matter to February 9^th to: 1) adopt a resolution approving a Negative Declaration under the provisions of the California Environmental Quality Act (CEQA); 2) adopt first reading of an Ordinance repealing Ordinance Nos. 413-N.S. and 3018-N.S. and adopting a new Zoning Ordinance and Official Zoning Map; and 3) direct the Planning Commission in consultation with the Zoning Adjustments Board (ZAB) and the Landmarks Preservation Commission (LPC), to review the revised Ordinance six months after its effective date to evaluate the effectiveness of the Ordinance changes, consider items referred by the Council and others in the "Six Month List", and recommend proposals on additional changes which are needed.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Planning Commission Report dated January 26, 1999
Recommendation: 1) Initiate an amendment to the C-1(T) District regulations as follows: a) prohibit new off-sale alcohol establishments, b) prohibit the establishment of any new use which involved the sale and distribution of drug paraphernalia, as defined in the Health and Safety Code, and c) require a Use Permit from the Zoning Adjustments Board for any new use involving the sale and distribution of tobacco products and associated merchandise; 2) Consider Citywide zoning changes to prevent alcohol-related and drug paraphernalia uses proposed to be prohibited in the C-1(T) District from locating in other parts of the City; and 3) Consider a comprehensive package designed to address the root causes of alcoholism and drug abuse.
Contact: Karen Haney-Owens, Secretary, 705-8105

d. Communications from 1998:

1. Martha Nicoloff
2. Landmarks Preservation Commission
3. Berkeley Architectural Heritage Association
4. Doris Willingham, LPC ZO Review Subcommittee
5. Daniella Thompson and James Sharp
6. Catherine Roha, A.I.A.,
7. Landmarks Preservation Commission
8. Joe Marsh, LPC Chair
9. Carrie Sprague and Nancy Holland
e. Communication from January 26, 1999:

1. Martha Nicoloff
f. Communication: *

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

Public Testimony: Four speakers. Moved, seconded, carried (Armstrong/Olds; Absent – Maio, Shirek, Worthington) to close the public hearing.

Actions: Moved, seconded, carried (Olds/Spring; Absent – Maio, Shirek) to approve amendment to section 23A-12.050.

Moved, seconded, carried (Armstrong/Breland; Noes – Worthington; Absent – Maio, Shirek) to 1) adopt Resolution 59,875-N.S. adopting the proposed Negative Declaration; 2) to adopt first reading of the Ordinance; 3) to refer to the Planning Commission the issues of (a) fair notice, (b) live-work regulations, (c) park zoning, and (d) concerns of the West Berkeley area, as recommended by Councilmember Spring, with a report back within three months; 4) additional referral to the Planning Commission and staff for (a) a 24-hour telephone recorded message and internet posting of hearings and (b) standards for live-work versus dwelling as recommended by Mayor Dean; 5) to also direct the Planning Commission, in consultation with the Zoning Adjustments Board and the Landmarks Preservation Commission, to review the revised Ordinance not more than six months after effective date to evaluate effectiveness of the changes, consider items referred by the Council and others in the "Referral List", and recommend proposals on additional changes which are needed; and 6) to include citizen participation in the review. Second reading of Ordinance February 16, 1999.

5. Moratorium on New Restaurants (removed from Consent by Councilmember Maio from January 26, 1999 meeting)
   From: Councilmember Spring
   Recommendation: Refer the request for a moratorium on new restaurants, especially fast food restaurants in the downtown area, to the Planning Commission and request that the Commission form a staffed subcommittee to work with representatives of downtown businesses, including restaurants and coffee shop owners, to develop a quota plan similar to other commercial areas such as Telegraph and Solano Avenues.
   Contact: Dona Spring, Councilmember District 4, 644-6266

Action: Held over to February 23, 1999.

New Business:

6. Protesting Improper Use of Pepper Spray
   From: Community Environmental Advisory Commission
   Recommendation: Direct the City Clerk to write a letter of protest to the Bay Area Coalition for Headwaters and the Humboldt County District Attorney regarding the improper use of pepper spray by Police, and approve sending appropriate expert witnesses to testify if there is an appeal to the Court decision approving the application of pepper spray to the eyes, and if it should be requested.
   Contact: Nabil Al-Hadithy, Secretary, 705-8155

1. City Manager Report

1. Response to Lawrence Berkeley National Laboratory (LBNL)
   From: Community Environmental Advisory Commission
   Recommendation: Request the City Manager respond to a letter from Dr. Shank, Director of Lawrence Berkeley National Laboratory (LBNL), dated September 11, 1998 regarding tritium emissions and controls.
   Contact: Nabil Al-Hadithy, Secretary, 705-8155
   a.City Manager Report
   Recommendation: The City Manager takes no position on this matter.
   Contact: Liz Epstein, Planning and Development, 705-8105
   Actions: Moved, seconded, failed (Worthington/Spring; Noes – Armstrong, Olds; Abstain – Woolley, Dean; Absent – Maio, Shirek) the substitute motion to approve the recommendation of the Community Environmental Advisory Commission.

Moved, seconded, carried (Armstrong/Olds; Absent – Maio, Shirek) the main motion to direct the City Manager to send a letter to Dr. Shank of LBNL reaffirming the Council’s desire to close the Tritium Laboratory and Council’s desire for a fair, equitable, independent monitoring process by a contractor chosen by the bid process, and to address the Lab’s assertion that material and data are not available and to determine the reason.

2. City of Emeryville Proposal to Reconfigure Ashby Interchange of I-80

From: City Manager

Recommendation: 1) Direct the City continue, in conjunction with Emeryville and Caltrans, to explore reconfiguring the Ashby interchange, and state that the City does not now support or oppose the proposal, but reserves the right to support or oppose the proposal in the future; 2) State that it is the City's preference that the City of Emeryville or Caltrans provide funds for an independent traffic study managed by Berkeley to review the many traffic and related issues raised by the Ashby interchange proposal. This study would review the traffic and land use implications of various possible projects at the Ashby interchange, including the project as proposed by Emeryville, relocation of the Potter Street on ramp only, and possibly other alternatives; 3) State that it is the City's preference that Caltrans delay approval of the Project Study Report (PSR) for the reconfiguration of the Ashby/I-80 interchange until such time as this independent traffic study can be completed to the satisfaction of the City; and 4) State that if it is not possible to achieve Items 2 and 3, to complete such study prior to approval of the PSR, Caltrans should consider the issues raised in Item 2 as the first stage of its environmental review, including analysis of the feasibility of relocation of the Potter Street on-ramp as a stand alone project. The scope of work for this analysis should be developed by Caltrans with the City of Berkeley. If this analysis suggests that there should be a new alternative or changes to a previously proposed alternative, these alternatives will be analyzed at a full level of detail in the environmental document.

Contact: Liz Epstein, Planning and Development, 705-8105

Actions: Moved, seconded, carried (Breland/Spring; Absent – Maio, Shirek) to approve the recommendation.

Moved, seconded, carried (Armstrong/Woolley; Absent –Maio, Shirek) to reconsider the motion.

Moved, seconded, carried (Breland/Spring; Abstain – Woolley; Absent – Maio, Shirek) to approve the recommendation amended to state that the Bay Street on-ramp should not impact Aquatic Park; provide for reprogram of CalTrans funds for eligible projects (the sound wall, I-80 bike overpass), and to request a full EIR.

Council requested that staff conduct a workshop on the project.

Information Reports

3. Investment Report for September 1998
   From: City Manager
   Contact: Frances David, Finance, 644-6476

Action: Received and filed.

4. Investment Report for October 1998
   From: City Manager
   Contact: Frances David, Finance, 644-6476

Action: Received and filed.

5. Investment Report for November 1998
   From: City Manager
   Contact: Frances David, Finance, 644-6476

Action: Received and filed.

6. Ordinance Regulating Wood-Burning Appliances (CR 99-04)
   From: City Manager
   Contact: Manuela Albuquerque, City Attorney, 644-6380

Action: Received and filed.

7. Notice of Decision for 2606 Dwight Way – American Baptist Seminary of the West (BMC 3.24.190 allows Council to move this report to ?Action? to certify the decision and set a public hearing) (to be delivered)

From: Landmarks Preservation Commission

Contact: Margaret Kavanaugh-Lynch, Secretary, 705-8111
Action: Moved to Action Calendar by Councilmember Breland. No action taken.

1. Helen Silkett, regarding Use Permit project at 1401-1405 Curtis St. Maio, Breland
2. Curtis Bray, regarding Berkeley Emergency Food Project. Breland
3. Twenty-four residents of Strawberry Creek Lodge, regarding a public forum on nuclear weapons work at Livermore Berkeley Lab. Breland, Spring
4. Lamile Perry, requesting funding for the 1999 Australian Junior National Wheelchair Games. Breland
5. Virginia Ivancich, regarding banning wood fires.
6. Maryann Ettehadich, Elmwood Garden Gallery, regarding enforcement of the Sign Ordinance. Armstrong, Maio
7. Estelle Jelinek, regarding parking tickets on Telegraph Avenue. Maio, Spring
8. Patrick Kennedy, transmitting copy of newspaper article regarding People’s Park. Breland
9. Don Wolfe, Silicon Valley Citizens Against Lawsuit Abuse, regarding court ruling protects taxpayer dollars from lawsuit abuse.
10. Bruce Balshone, Coalition for a One-Stop Terminal, regarding extending BART beyond SFO Airport.
11. George Kauffman, regarding the death of Trevor Thomas, one of Berkeley’s most distinguished citizens. Breland, directed preparation of Proclamation.
12. Robert A. Ellsworth, Rue-ell Enterprises, Inc., regarding proposed quota plan for the Downtown.
13. Mark Brown, Lutheran Office for Governmental Affairs, regarding United States Campaign to Ban Landmines.
14. Craig Conly, Interim Director and Pamela Jester, Interim Co-Director, Continuing Education of the Bar (CEB), regarding the University of California’s review of CEB.
15. Mike Limon, 924 Gilman St. Project, regarding recent complaints from DiCon Fiberoptics. Maio
16. Regarding Claremont Avenue proposal:
    a) Jillian Strawn
    b) Mike and Taeko Jenkins
    c) Edward J. Grillo
    d) Brian Deans
    e) Chris
    f) Perry Trautner
    g) James McMurray
    h) Nine identical postcards
17. John Vance, Coordinator, A first Amendment Center, regarding still Giuliani time in Berkeley.
18. Jennifer Burke, regarding an art program for children at Totland Park. Maio, Dean
19. Alice Frazier, regarding justice. Maio, Breland, Dean
20. Amy B. Muhs, Director, Coalition for Free Streets, regarding Houston’s TX Speed Hump Program. Dean
21. Malcolm Burnstein, regarding central library restoration.
22. Victor J. Lab, transmitting copy of City of Davis Ordinance and newspaper clipping regarding "Dark Skies" Ordinance.

 SUPPLEMENTAL COMMUNICATIONS

1. Miriam J. Green, Andrew K. Rose
2. Rena Rickles, Attorney

Re: Item 25, Zoning Appeal of Use Permit 98-10000070 – 2141 Ward Street

3. Leah Hess, Attorney
4. Manouchehr and Fatemeh Ghanbari, owners of 2141 Ward Street

Re: Item 26, Zoning Appeal of Use Permit 98-10000054 – 2527 Piedmont Avenue

5. Judith Epstein
6. David Mundstock
7. Joe Marsh, LPC Chair

Re: Item 29, Moratorium on New Restaurants

8. James Keene, City Manager – report and resolution

 Adjournment

The meeting adjourned at 11:30 p.m. in memory of Brenda Brown and Tom Hall.