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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, MAY 11, 1999

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: Manuela Albuquerque, City Attorney, 644-6380

2. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for Council meetings of: a) April 13, 1999 (closed); b) April 13, 1999 (regular); c) April 19, 1999 (closed); and d) April 26, 1999 (closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Lawsuit Settlement: Anthony Archable
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Attorney to settle the public liability lawsuit of Anthony Archable in the amount of $52,000, Alameda County Superior Court Action No. 790945-4.
Contact: Manuela Albuquerque, City Attorney, 644-6380

4. Lawsuit Settlement: Port of Redwood City v. Gibson Environmental, Inc., et al.
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Attorney to settle public liability lawsuit of Port of Redwood City v. Gibson Environmental, Inc., et al., United States District Court Action No. 98-03501 in the amount of $8,394.
Contact: Manuela Albuquerque, City Attorney, 644-6380

5. Establish City Building Security Rules
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adding Section 13.36.065 entitled "Violating Building Security Rules for City Buildings" to Chapter 13.36 (Disorderly Conduct) of the Berkeley Municipal Code (BMC).
Contact: Manuela Albuquerque, City Attorney, 644-6380

6. Contract: Martin Luther King Jr. Youth Services Center Roof
From: City Manager
Recommendation:
Adopt a Resolution accepting the bid of Enterprise Roofing Service, Inc. and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $63,500 for installation of a new roof for the Martin Luther King Jr. Youth Services Center for the period May 24, 1999 to June 30, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

7. Contract: Martin Luther King Jr. Youth Services Center Exterior Repairs
From: City Manager
Recommendation:
Adopt a Resolution accepting the bid of Younger-Wunar, Inc. and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $83,300 for reconstruction of the exterior south wall of the Martin Luther King Jr. Youth Services Center for the period June 2, 1999 to September 30, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

8. Contract: Curb Ramp Installation Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to adopt plans and specifications for the Curb Ramp Installation Project; accepting the bid of Berkeley Cement Incorporated; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $145,500 for a period of 90 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

9. Levy/Collect Street Lighting Assessments and Establish Public Hearing
From: City Manager
Recommendation:
Adopt a Resolution of Intention to: 1) levy and collect assessments within Berkeley Street Lighting Assessment District No. 1982-1 for Fiscal Year 1999-2000; and 2) establish a public hearing date of June 15, 1999 pursuant to the Landscaping and Lighting Act of 1972.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

10. Mitigated Negative Declaration: I-80 Bicycle/Pedestrian Overcrossing
From: City Manager
Recommendation:
Adopt a Resolution approving the Mitigated Negative Declaration and Draft Mitigation Monitoring and Reporting Program for the I-80 Bicycle/Pedestrian Overcrossing.
Contact: Rene Cardinaux, Capital Projects, 644-6580

11. Contract Amendment: Civic Center Building Seismic Retrofit Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Geomatrix Consultants, Inc. for geotechnical services for the Civic Center Building by increasing the amount $25,622 for an amount not to exceed $69,122 and extending the period through October 31, 2000.
Contact: Rene Cardinaux, Capital Projects, 644-6580

12. Grant Application: Electric Vehicle Charging Station
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application in the amount of $7,000 to the Charge! Program (Bay Area Air Quality Management District, San Francisco City/County, and the San Francisco Clean Cities Coalition) and $5,000 from vehicle manufacturers, for a total of $12,000 for the installation of two electric vehicle chargers at Center Street Garage.
Contact: Stephen Barton, Housing, 644-6001

13. Contract: Child Care Subsidy Fund Administrator
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with BANANAS, Inc. to administer the child care mitigation funds collected from economic development agreements to subsidize child care for low-income families in an amount not to exceed $50,000 for the period July 1, 1999 to June 30, 2004.
Contact: Stephen Barton, Housing, 644-6001

14. Management Study of Black Repertory Group
From: City Auditor
Recommendation:
Request the City Manager take no new action regarding funding for the Black Repertory Group (BRG) until the Auditor's Management Study, and reports from the BRG and the City Manager are submitted to Council.
Contact: Ann-Marie Hogan, City Auditor

15. Support Spenger's Workers
From: Councilmembers Maio, Worthington, Breland and Vice Mayor Shirek
Recommendation:
1) Urge the new management of Spenger's Fish Grotto to offer all employees the opportunity to return to their former positions; 2) Recognize that Spenger's employees, not merely the building and the artifacts, are the living caretakers of Spenger's history, character, and traditions; and 3) Request the City Manager write to Doug Schmick of McCormick & Schmick's to urge all employees be retained to ensure continuity and a harmonious transition for the new Spenger's.
Contact: Linda Maio, Councilmember District 1, 644-6359; Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400; Maudelle Shirek, Councilmember District 3, 644-6243

16. Evaluate Measure G Funding and Expenditures
From: Councilmember Woolley
Recommendation:
Request the Citizens Budget Review Commission evaluate Measure G funding and expenditures and report back in two months on the fiscal status.
Contact: Diane Woolley, Councilmember District 5, 644-6294

17. Solution to Tritium Risk Assessment Impasse
From: Councilmember Woolley
Recommendation:
Agree to take the first step to provide the residents of Berkeley with needed assistance in evaluating and interpreting the consequences of the radiation releases and the possible risks from the National Tritium Labeling Facility of the Lawrence Berkeley National Laboratory (LBNL) by: 1) adopting a resolution to contract with the Institute of Energy and Environmental Research (IEER) for $15,000; and 2) writing to all participants of the Tritium Issues Work Group (TIWG) indicating that cooperation with IEER is imperative for the success of the review, including a request that the Department of Energy (DOE) and LBNL submit all raw data deemed necessary by IEER.
Contact: Diane Woolley, Councilmember District 5, 644-6294

18. Budget Referral: Pedestrian Lighting on Alcatraz Avenue
From: Councilmember Breland
Recommendation:
Refer to the budget process and the Citizens Budget Review Commission a request for $200,000-$300,000 for pedestrian lighting on Alcatraz Avenue.
Contact: Margaret Breland, Councilmember District 2, 644-6400

19. Berkeley Cougars Youth Football and Cheerleader Program
From: Councilmember Breland
Recommendation:
Financially support the Berkeley Cougars Youth Football and Cheerleader Program in 1999 in the amount of $15,000.
Contact: Margaret Breland, Councilmember District 2, 644-6400

20. Waterfront Planning
From: Councilmembers Spring, Woolley and Olds
Recommendation:
Concur with the letter from the Sierra Club and Citizens for the Eastshore State Parks opposing additional hotel development in the Berkeley Marina Plan and request the City Manager communicate Council's position to the Waterfront, Planning and Parks and Recreation Commissions as well as City staff working on this project.
Contact: Dona Spring, Councilmember District 4, 644-6266; Diane Woolley, Councilmember District 5, 644-6294; Betty Olds, Councilmember District 6, 644-6399

21. Budget Referral: Council Taskforce on Animal Care
From: Councilmembers Spring, Olds, and Mayor Dean
Recommendation:
Refer a request for $35,000 to fund future recommendations of the Council Taskforce on Animal Care including reducing companion animal over-population to the budget process.
Contact: Dona Spring, Councilmember District 4, 644-6266; Betty Olds, Councilmember District 6, 644-6399; Shirley Dean, Mayor, 644-6484

22. Budget Referral: Council D-13 Accounts
From: Councilmember Spring
Recommendation:
Refer to the budget process a request for an increased allocation of $5,000 for Council D-13 Accounts for cost-of-living increases and other expenses.
Contact: Dona Spring, Councilmember District 4, 644-6266

23. Reordering of the Agenda
From: Councilmember Spring
Recommendation:
Reorder the agenda for this meeting to take-up holdovers and time sensitive agenda items on the Berkeley High School Sports Complex and the Civic Center addition immediately after the appeals.
Contact: Dona Spring, Councilmember District 4, 644-6266

24. Schedule Discussion with TCI-ATT Cable Representatives
From: Councilmember Spring
Recommendation:
Request a discussion with representatives of TCI - Berkeley's television cable service company, on May 25, 1999 at 8:15 p.m., to protest the company's policies and charges regarding converter boxes.
Contact: Dona Spring, Councilmember District 4, 644-6266

25. Downtown Retail Composition
From: Councilmember Spring
Recommendation:
Request the City Manager report to Council on June 22, 1999 regarding Berkeley's downtown ground floor retail composition: 1) the number and location of carryout, quick, and full service food establishments; 2) the ratio of food service related, including full service restaurants, to other businesses; and 3) a list of the new businesses in the last five years and how many of the total have been food service related.
Contact: Dona Spring, Councilmember District 4, 644-6266

26. Support AB 106, AB 156, SB 15: Firearms
From: Mayor Dean
Recommendation:
Support 1) AB 106 which requires all firearms sold, transferred or manufactured in California be accompanied by a firearms safety device; 2) AB 156 which authorizes a tax credit on purchases of firearm locking devices; and 3) SB 15 which makes it a misdemeanor to manufacture or sell unsafe handguns and requires manufacturers and sellers of handguns to certify that said handguns are not prohibited unsafe guns.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

27. California Public Employees Retirement System (CalPERS) Investments in Firearms Manufacturing Companies
From: Mayor Dean
Recommendation:
Request Sacramento legislators initiate and pursue a State policy for CalPERS whereby CalPERS' investments, direct or indirect, in firearms manufacturers, are identified, divested, and prohibited.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

28. Support AB 901: Expand State Tax Benefits to Include Domestic Partners
From: Mayor Dean
Recommendation:
Support AB 901 which expands to domestic partners certain tax benefits currently limited to married partners - including exclusions from gross income of certain medical care expenses, employer-provided health and accident coverage, and self-employment health insurance, and notify Sacramento representatives, City lobbyist, and other Bay Area Mayors.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

29. Schedule Presentation: Bay Area Water Transit Initiative
From: Mayor Dean
Recommendation:
Schedule a 30-minute presentation at the May 18th Council meeting concerning the Bay Area Water Transit Initiative Action Plan.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

30. Proclamation: Julia Morgan American Music Festival Month
From: Mayor Dean
Recommendation:
Approve and present a proclamation to Julia Morgan's President George Oram at the May 25, 1999 Council meeting in support of the Julia Morgan American Music Festival Month.
Contact: Barbara Gilbert, Mayor's Office, 644-6484

31. Budget Referral: Telegraph Area Association
From: Mayor Dean
Recommendation:
Refer to the budget process a request for $55,000 per year for two years from the Telegraph Area Association to continue their promotion and improvement projects in the Telegraph area.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

32. Support AB 212: Regarding ChildCare Compensation
From: Mayor Dean
Recommendation:
Support AB 212 which would establish the California Compensation and Retention Encourage Stability Program (California CARES) and send letters of support to our California legislative delegation and the City's lobbyist in Sacramento.
Contact: Tamlyn Bright, Mayor's Office, 644-6484

33. Support U.C. Berkeley Ethnic Studies Department
From: Councilmembers Worthington and Spring
Recommendation:
Request a meeting with University Chancellor Robert Berdahl to discuss the University's Ethnic Studies Department issues and support the students' demands.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266

34. Fee Waiver: Bay Area Shakespeare Festival Camp
From: Parks and Recreation Commission
Recommendation:
Adopt a Resolution waiving approximately $15,000 in fees for the use of John Hinkle Park and Amphitheater by the Bay Area Shakespeare Camp, during the period June 21, 1999 through July 2, 1999 and July 19, 1999 through July 30, 1999, in exchange for up to four low-income scholarships for each session.
Contact: Lisa Caronna, Secretary, 644-6943

a.     City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

Action Calendar

Presentations:

35. Berkeley Environmental Economy Partnership, Green Resource Center
a. City Manager Information Report
Contact: Bill Lambert, Economic Development, 705-8184

Appeals:

36. Zoning Appeal of Use Permit 99-100000002 - 2161 Allston Way (to be delivered)

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board denying a Use Permit to Avi Nevo, applicant, for the project at 2161 Allston Way to: 1) construct 60 residential units in C-2 District; 2) new construction of more than 10,000 square feet; 3) construct new gross floor area which results in a F.A.R. greater than 2;4.3 proposed; 4) construct/establish a restaurant on the ground floor/mezzanine; and 5) modify the R-5 requirements for residential parking to provide no parking where a minimum of 1 space per 1,200 square feet would require one space per three units or 20 residential spaces and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Communication:
1. Avi Nevo
2. Bhima Sheridan, Bicycle-Friendly Berkeley Coalition
Contact: Sherry M. Kelly, City Clerk, 644-6480

NOTE: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by an other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.

Priority:

37. Decision Regarding Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), General Fund (GF), Community Services Block Grant (CSBG) and Consolidated Plan Update for 1999-2000 Fiscal Year
a. City Manager Report dated May 11, 1999 *
Recommendation:
Allocate a total of $53,820 in CDBG monies under the public services category to the jobs for Homeless Consortium (JHC) for Fiscal Year 1999-2000 and an equal amount for Fiscal Year 2000-2001 instead of the previous recommendation of $50,000 in the community facilities category for the installation of an elevator and $11,640 for public services, and to allocate the $7,820 difference to the Berkeley Way Mini Park Project.
Contact: Stephen Barton, Housing, 644-6001
b. City Manager Report Regarding CDBG and ESG Programs
Recommendation:
Adopt a Resolution to: a) approve City Manager’s final funding recommendations and budget for the CDBG and ESG programs; b) authorize the allocation of up to $100,000 to the Berkeley Ecumenical Ministries Foundation from Fiscal Year 1999-2000 CDBG funds savings from City projects; c) authorize the City Manager to contract with agencies receiving funding, and authorize conditional two-year contracts with community agencies in the public services category; d) allocate $125,000 in Federal HOME monies to continue the First Time Homebuyers Program and uses $125,0000 in CDBG funds to replenish the HOME monies in the Housing Trust Fund; e) allocate $76,000 in HOME monies to administer the HOME Program; f) re-allocate $20,000 in Fiscal Year 1999-2000 General Funds from the Rental Rehabilitation Program to the Berkeley Youth Alternative’s Garden Patch Program; g) authorize the City Manager to submit the Fiscal Year 1999-2000 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, ESG, and HOME Program funding, and to execute the resultant agreements for the 1999-2000 CDBG and ESG funds; and h) refers projects to the General Fund budget allocation process which the Housing Advisory Commission recommended for General Funds because of insufficient CDBG monies.
Contact: Stephen Barton, Housing, 644-6001
c. City Manager Report Regarding GF and CSBG Funding
Recommendation:
1) Adopt a Resolution authorizing the City Manager to execute contracts with certain community agencies for General Fund/Community Services Block Grant funds to provide services to poverty level Berkeley residents for the 1999-2000 and 2000-2001 Fiscal Years and authorizing contractors to receive a two-month advance payment; and 2) Referring to the budget process the additional allocation of $310,726 for the funding of certain community agencies.
Contact: Stephen Barton, Housing, 644-6001
d. Housing Advisory Commission Report
Recommendation:
Approve the Commission’s recommendations for the Fiscal Year 1999-2000 CDBG and ESG Program as shown in Exhibit 1 of Attachment A of the City Manager’s Report.
Contact: Oscar Sung, Secretary, 644-6001

e. Human Welfare and Community Action Commission Report
Recommendation:
Adopt two Resolutions to: 1) authorize the City Manager to execute contracts with certain community agencies for General Fund/Community Services Block Grant funds to provide services to poverty level Berkeley residents for the 1999-2000 and 2000-2001 Fiscal Years and authorizing a two-month advance payment to contractors; 2) authorize the City Manager to add $310,726 General Fund money to the budget to fund certain community agencies to provide services to poverty level Berkeley residents for the 1999-2000 and 2000-2001 Fiscal Years and execute contracts with recommended community agencies.
Contact: Marianne Graham, Secretary, 665-3475
f. Commission on Disability Report
Recommendation:
Approve $25,000 funding for Through the Looking Glass, as part of the Community Services Block Grant/General Fund allocations for the upcoming year, Fiscal Year 1999-2000.
Contact: Eric Dibner, Secretary, 665-3440

38. Contracts: Community-Based Agencies
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with community-based agencies to provide youth services under the Real Alternative Project to operate an At-Risk Youth Project: a) East Bay Asian Youth Center ($256,438); b) The Regents of California Break -The - Cycle ($90,000); c) Berkeley Boosters Association ($68,100); d) Berkeley Unified School District ($18,000); e) Berkeley Youth Alternatives ($68,000); f) Berkeley Boosters Association ($87,500 to operate BART Escort Service and RESPECT Programs); and g) Athletes United for Peace ($62,406 to operate the Latenite Basketball Program) for a total amount not to exceed $650,444 for Fiscal Years 1999-2000 and 2000-2001, and authorizing a two-month advance payment for each agency.
Contact: Fred Medrano, Health and Human Services, 644-6459

39. Contract: Latenite Basketball League
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Athletes United for Peace to operate the Latenite Basketball League in an amount not to exceed $62,550 for the period May 1, 1999 through February 29, 2000.
Contact: Fred Medrano, Health and Human Services, 644-6459

40. Contracts: Measure O - Preventive Services Initiative (to be delivered)
From: City Manager
Recommendation:
Authorizing the City Manager to execute contracts and any amendments for Measure O - Preventive Services Initiative funding and related social service programs for Fiscal Year 1999-2000 for a total of $703,683 (continued funding for Fiscal Year 2000-2001 in the amount of $703,683 is contingent upon a City-wide review of homeless and safety net programs) with the exception of the Berkeley Guides Program which is recommended for funding for a six-month period pending an evaluation of the Program: a) Lifelong Medical Care/Berkeley Primary Care Access Acupuncture Clinic ($88,278); b) Building Opportunities for Self-Sufficiency/Multi-Agency Service Center ($165,821); c) Catholic Worker/Dorothy Day House ($28,640); d) Berkeley Emergency Food Project/Trinity Multi-Services Center ($177,444); e) Berkeley Ecumenical Chaplaincy to the Homeless ($18,000); f) New Bridge Foundation ($100,000); g) Women's Daytime Drop-In Center ($20,000); h) Coalition for Alternatives in Mental Health (Berkeley Drop-In Center) ($20,000); i) Berkeley Boosters/RESPECT ($85,500 for the period July 1, 1999 through December 31, 1999); and authorizing the issuance of two-month advance payments.
Contact: Fred Medrano, Health and Human Services, 644-6459
a. Independent Task Force on Homelessness Report (to be delivered)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with certain community-based organizations to provide services under the Preventive Service Initiative, Measure O, in an amount not to exceed $1,324,385 for Fiscal Year 1999/2000 and 2000/2001: a) Coalitions for Alternatives in Mental Health ($72,580); b) Berkeley Emergency Food and Housing Project ($383,446); c) Berkeley Boosters ($177,845); d) Building Opportunities for Self-Sufficiency ($437,958); e) Chaplaincy to the Homeless ($36,000); f) Lifelong Medical ($176,556); g) Women's Daytime Drop-In Center ($40,000); and authorizing a two-month advance payment for each agency.
Contract: Eric Landes-Brennan, Secretary, 644-6699

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 *.

41. Approval of Council Minutes (held over from April 27 meeting)
From: City Manager
Recommendation:
Clarify action taken on minutes for the regular meeting of March 16, 1999, Item 31, and amend if necessary to adopt a resolution before approval.
Contact: Sherry M. Kelly, City Clerk, 644-6480

42. Location of Public Restrooms in Civic Center Area (Moved to Action by Councilmember Spring and held over from April 13 and 27 meetings)
a. City Manager Information Report dated April 13, 1999
Contact: Rene Cardinaux, Capital Projects, 644-6580
b. Councilmember Spring Report dated April 27, 1999
Recommendation:
Restore the $150,000 from the Measure S funds for the express purpose of providing restrooms in the Downtown Area.
Contact: Dona Spring, Councilmember District 4, 644-6266
c. City Manager Supplemental Report dated April 27, 1999
Recommendation:
Take no action until the entire budget is presented and discussed.
Contact: Rene Cardinaux, Capital Projects, 644-6580

43. Fire and Life Safety Plans Examiner (held over from April 27 meeting)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 59,883-N.S., classifications and salaries for SEIU Local 535 employees to establish the classification of Fire and Life Safety Plans Examiner with a monthly salary range of $4171 to $4950 effective May 1, 1999.
Contact: Ronald Brown, Personnel, 644-6951

44. Ordinance for Second Reading:
a.
Approving a First Amendment to Development Agreement between the City of Berkeley and Bayer Corporation (formerly Miles, Inc.) dated February 25, 1992, relative to certain property located at Fourth and Parker Streets within the City of Berkeley. (noes - Worthington; absent - Shirek and Woolley)

45. Referral to Budget Process: Senior Home - Improvement Grant Program (removed from Consent by Mayor Dean and held over from April 27 meeting)
From: Councilmember Breland
Recommendation:
Refer to the budget process implementation of a Senior Home Improvement Grant Program in Berkeley.
Contact: Margaret Breland, Councilmember District 2, 644-6400

46. Civic Center Building Addition (removed from Consent by Councilmember Olds and held over from April 27 meeting)
From: Councilmember Spring
(revised)
Recommendation:
Request the City Manager report back regarding the feasibility of financing options for an addition to the west side Civic Center Building including underground parking, financed with the City's outside leases/properties that presently house City staff.
Contact: Dona Spring, Councilmember District 4, 644-6266

47. Street Design Guidelines (removed from Consent by Councilmember Spring and held over from April 27 meeting)
From: Mayor Dean
Recommendation:
1) Refer to staff, Planning Commission, Transportation Commission, and Public Works Commission, the publication Street Design Guidelines for Healthy Neighborhoods, by Dan Burden and published by the Center for Livable Communities, January 1999; 2) throughout the entire process of consideration of this referral, residents and neighborhood groups are to be consulted; 3) request staff, residents and commission members consider adopting all or part of the guidelines as policies which will guide the City in future actions; and 4) status reports be provided to Council every six months until final recommendations are made for or against the adoption of these policies and returned to Council for action.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

48. Referral to Budget Process: Housing Trust Fund Allocation (removed from Consent by Councilmember Olds and held over from April 27 meeting)
From: Councilmembers Worthington, Breland, Shirek, Spring
Recommendation:
Refer $1,000,000 to the budget process for allocation to the Housing Trust Fund from the General Fund.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400; Maudelle Shirek, Councilmember District 3, 644-6243; Dona Spring, Councilmember District 4, 644-6266

49. Traffic Bollards (removed from Consent by Councilmember Armstrong and held over from April 13 and 27 meetings)
From: Councilmembers Maio, Breland, and Spring
Recommendation:
Direct the Traffic Engineer recommend the appropriate number and locations of traffic bollards needed to calm traffic in neighborhoods that are in the greatest need, and report back for the budget process.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266
a. City Manager Report
Recommendation: Refer this item to the budget process and consider proposed traffic calming projects in the context of a comprehensive traffic calming program.
Contact: Liz Epstein, Planning and Development, 705-8105

50. Student Housing (removed from Consent by Councilmember Worthington and held over from April 13 and 27 meeting) (to be delivered)
From: Councilmember Worthington
Recommendation: That Council consider the addition of student housing as one of the top priorities in the Fiscal Year 1999-2000 Work Plan.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

51. Budget Referral: Crisis in Section 8 Housing (removed from Consent by Councilmember Olds and held over from April 20 and 27 meetings)
From: Councilmember Spring
Recommendation:
Refer a request for $30,000 to the budget process to deal with the crisis in Section 8 housing.
Contact: Dona Spring, Councilmember District 4, 644-6266

52. Establish Subcommittee of Council, School Board, and Landmarks Commission (removed from Consent by Councilmember Maio and held over from April 20 and 27 meetings)
From: Councilmember Spring
(revised)
Recommendation:
Support the unanimous recommendations from the Landmarks Commission to establish a subcommittee of the Council, School Board and Landmarks Commission to resolve issues with the design of the proposed Berkeley Unified School District (BUSD) sports complex building at Allston, Milvia and Bancroft; and support funding a $25,000 feasibility study for the exploration of an underground parking lot in the Berkeley High School sports complex and courtyard, tennis courts and under the streets of Allston and Milvia, and possible extension under the current Civic Center Building parking lot.
Contact: Dona Spring, Councilmember District 4, 644-6266

53. Funding: Portable Meals Program (held over from the April 13 and 27 meetings)
From: Commission on Aging
Recommendation:
Adopt a Resolution allocating $7,240 in General Funds to provide two part-time drivers for the Portable Meals Program.
Contact: Effie Burgess, Secretary, 644-6459
a. City Manager Report
Recommendation:
The recommendations contained in this report affect budget and/or other programs. Please refer to the budget process.
Contact: Fred Medrano, Health and Human Services, 644-6459

54. Taxi Scrip Budget (held over from the April 13 and 27 meetings)
From: Commission on Aging
Recommendation:
Increase the Taxi Scrip budget by approximately $300,000 in Fiscal Year 1999-2000 to provide 52 Taxi Scrip books per quarter for use by Berkeley Seniors.
Contact: Effie Burgess, Secretary, 644-6459
a. City Manager Report
Recommendation:
The recommendations contained in this report affect budget and/or other programs. Please refer to the budget process.
Contact: Fred Medrano, Health and Human Services, 644-6459

New Business:

55. Side Letter Agreement: Berkeley Fire Fighters Assn./I.A.F.F. Local 1227
From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 to modify Section 47.1 (Trades) of the Memorandum of Understanding (MOU) to clarify ambiguous and problematical language.
Contact: Ronald Brown, Personnel, 644-6951

56. Issues of Alta Bates Merger and Development Agreement (to be delivered)
From: City Manager Information Report
Recommendation:
Receive information relating to the Alta Bates Merger and a report from staff on issues of Alta Bates Merger and Development Agreement.
Contact: Fred Medrano, Health and Human Services, 644-6459

57. Pedestrian and Bicycle Safety Funding
a. Community Health Commission Report
Recommendation:
Adopt a Resolution authorizing the City Manager to: 1) allocate funds annually for bicycle and pedestrian safety programs in the Public Health Division; 2) prioritize implementation of the safety recommendations of the Bicycle Plan; and 3) convene a joint task force of the Planning, Transportation and Health Commissions.
Contact: Verdie Thompson, Secretary, 644-6496

b. Transportation Commission Report
Recommendation:
1) Maintain and expand funding for the pedestrian and bicycle safety program in the Health and Human Services Department; 2) prioritize implementation of the safety recommendations in the Berkeley Bicycle Plan; and 3) convene a joint task force of the Planning, Transportation and Health Commissions.
Contact: Nathan Landau, Secretary, 705-8136
c. Planning Commission Report
Recommendation:
1) Maintain and expand the pedestrian and bicycle safety program in the Health and Human Services Department; 2) prioritize implementation of the safety recommendations contained in the Bicycle Plan; and 3) convene a joint task force of the Community Health and Transportation Commissions or utilize the Bicycle Subcommittee of the Transportation Commission, with notice to the Planning Commission, with the express purpose of exploring the causes of these hazards and making recommendations for reducing them.
Contact: Karen Haney-Owens, Secretary, 705-8137
d. City Manager Report
Recommendation:
The recommendations contained in this report affect budget and/or other programs. Staff is supportive of the Community Health Commission (CHC) proposal as it begins to implement the Bike Safety Education element of the recently adopted Bike Plan and is applying for a TDA Article 3 grant for $50,000.
Contact: Fred Medrano, Health and Human Services, 644-6459

58. Local Health and Welfare Trust Monies
From: Community Health Commission
Recommendation:
1) In accordance with the City’s approved FY1998-99 budget, prohibit the use of indirect charges to the Health Account of the Local Health and Welfare Trust Fund; and 2) all future monies deposited in the Health Account of the Local Health and Welfare Trust Fund be for public health activities exclusively.
Contact: Verdie Thompson, Secretary, 644-6496
a. City Manager Report
Recommendation:
The recommendations contained in this report affect budget and/or other programs. The Health and Human Services Department's budget for Fiscal Year 1999-2000 is included in the budget proposal submitted to Council on May 10, 1999. The Public Health Department's budget is represented in that proposal. The City Manager's proposal to charge an indirect cost to the Health Department's grants will not create a loss of services. Council's approval of the Community Health Commission's request will require that an additional $450,000 be added to the Health Department's budget.
Contact: Fred Medrano, Health and Human Services, 644-6459

Information Reports

59. Grant Contract Renewals
From: City Manager

Contact: Fred Medrano, Health and Human Services, 644-6459

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. Myra Orta, regarding legislative bill to cancel bans on leaf blowers.

2. Toni Loveland, Chairperson, Sierra Club, Northern Alameda County Regional Group, San Francisco Bay Chapter, regarding proposed development at 1301 Oxford Street.

3. Rodney R. Peck, Attorney at Law, Pillsbury, Madison & Sutro LLP, regarding ATM Ordinance.

4. Ari Lathuras, regarding funding Berkeley Place/Deaf Disability Project.

5. Dan Luten, Ph.D, Dan Simon, M.D., Gordon Wozniak, Ph.D, members of Community Environmental Advisory Commission, regarding the Tritium Issues Work Group (TWIG).

6. C & A Smith, transmitting copy of newspaper article regarding protecting kids from school violence.

7. Regarding Black Repertory Theater:
a. Dorothy Wiggins
b. Francis Emley
c. Osman Vincent

8. Sandy Simon, TRAX, regarding the permit process.

9. Carrie Sprague, regarding development of housing without parking provisions.

10. David J. Ourisman, regarding Internet Sales Tax.

11. Andrew Phelps, regarding Berkeley Mental Health, Substance Abuse and Mental Health Services Grant.

12. Info@networkbosnia.org, regarding helping Kosovar Women Refugees.

13. Anne Marselis, regarding Don's Auto Clinic.

14. Judy Brock, regarding proposed "phone before euthanasia" policy.

15. Kelly Costa, Program Manager, Sustainable Business Alliance Berkeley, regarding Pedal Express.

16. Pamela Evans, Alameda County Green Business Program, East Bay Small business Development Center, regarding funding the Alameda County Green Business Program.

17. Daveed Mandell, regarding taxi scrip increase.

18. Mitch Cohen, regarding 1730 La Loma Avenue

19. Ronald Temple, Chancellor, Peralta Community College District, regarding canceling classes by Merritt College at the North Berkeley Senior Center.

20. Clifford Fred, regarding Bayer AG Pharmaceutical Company.

21. Ismail Ramsey, regarding Berkeley Village Education Project.

22. Tamara McNeill, regarding Underhill Master Plan EIR Scope.

23. Deborah Pitts, Alta Bates Medical Center, regarding Summit/Alta Bates medical Centers and Sutter Health Agreement.

24. Regarding crisis intervention, talking to kids about tough issues and other school-related issues:
a. Karen Sarlo
b. Marylin Davis-Glover
c. Virginia Jardim
d. Luanne Rogers
e. Cynthia Papermaster

25. David Ourisman, regarding Internet sales tax.

26. Anna Evashko, President, Californians for Telecommunications Choice,  regarding opposing Pacific Bell's 411 Rate Increase.

27. Our-freedom-hey@onelist.com, regarding Digest Number 1.

28. Robert Lederman, regarding Penthouse expose of Giuliani.

29. John Vance, a First Amendment Center, regarding city officials, CounterSpin pulled from Pacifica Stations, NATO, March on the Pentagon, great quake, emergency mobilization, time to deflate Giuliani, Manny Babbitt.

Adjournment


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