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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 25, 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.

a. Proclamation: Julia Morgan American Music Festival Month
b. Proclamation: Berkeley Golf Tournament
c. Proclamation: National Public Works Week
d. Proclamation: Safe Nights

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.

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. Public Liability Lawsuit: Valerie and Bruce Perens
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Attorney to settle Public Liability Lawsuit in the matter of Valerie and Bruce Perens in the amount of $55,000, and the City performing improvements to storm drainage facilities at a cost of approximately $14,040, Alameda County Superior Court, Action No. 799233-9.
Contact: Manuela Albuquerque, City Attorney, 644-6380

3. Public Liability Lawsuit: Roy Childs
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Attorney to settle Public Liability Lawsuit in the matter of Roy Childs in the amount of $15,000, Alameda County Superior Court, Action No. 784437-9.
Contact: Manuela Albuquerque, City Attorney, 644-6380

4. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for Council meetings of: a) April 20, 1999 (regular); b) April 27, 1999 (regular); c) April 28, 1999 (special); and d) May 10, 1999 (special).
Contact: Sherry M. Kelly, City Clerk, 644-6480

5. Extend Temporary Building Maintenance Mechanic
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to extend the temporary appointment of a Building Maintenance Mechanic in the Public Works Department to December 6, 1999.
Contact: Ronald Brown, Personnel, 644-6951

6. Contract: Computer Upgrades
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Milestone Technologies, Inc. to upgrade City computers in an amount not to exceed $75,000 for the period ending December 31, 1999.
Contact: Chris Mead, Information Systems, 644-6820

7. Appropriations Limit for Fiscal Year 2000
From: City Manager
Recommendation:
Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2000 at its June 15, 1999 meeting; and 2) the amount of the limit and the background materials used in its calculation will be available for public review in the City Clerk's Office on or before May 30, 1999.
Contact: Frances David, Finance, 644-6476

8. Contract: Energy Conservation Projects
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a sole-source agreement and any amendments with the Community Energy Services Corporation (CESC) in an amount not to exceed $47,495 for the period June 1, 1999 to May 31, 2000, to provide energy conservation projects at: a) Veterans's Memorial Building, 1931 Center Street; and b) Health and Human Services facilities at 2636 and 2640 Martin Luther King Jr. Way and 2344 6th Street.
Contact: Stephen Barton, Housing, 644-6001

9. Contract Amendments: Plan Checking Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contracts with Abolhoda & Associates and Linhart Petersen Powers Associates (LP2A) for plan checking services for the Planning and Development Department by increasing the amount $110,000 for a total not to exceed $230,000 and extending the term to June 30, 2000.
Contact: Liz Epstein, Planning and Development, 705-8105

10. Contract: Reduction of Hazardous Vegetation on Pathways and Parks
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the East Bay Conservation Corps for reduction of hazardous vegetation on pathways and parks in an amount not to exceed $727,599 for a period of five years.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

11. Contract: Sanitary Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at California Street, Carleton Street, Hillegass Avenue, Crayson Street, Eighth Street and Tenth Street; accepting the bid of JSJ Pipeline Company; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,179,308 for a period of 210 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

12. Contract Amendment: Cerrito Creek Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Gordon N. Ball, Inc. for the Cerrito Creek Sewer Project by increasing the contract amount $175,000 for a total not to exceed $2,660,380.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

13. City-Owned Parking Lots
From: Councilmember Spring
Recommendation:
Establish a policy to return city-owned parking lots at Oxford and Berkeley Way to short term parking with rates escalating after four hours; and refer to staff the request by University Avenue merchants that parking validation be allowed in the Berkeley Way lot for a report back by July 1999.
Contact: Dona Spring, Councilmember District 4, 644-6266

14. Budget Process: Berkeley Arts Festival
From: Councilmember Spring
Recommendation:
Refer a request for $20,000 for the Berkeley Arts Festival 1999 year deficit, as well as consideration for future year funding, to the FY2000 and FY2001 budget process.
Contact: Dona Spring, Councilmember District 4, 644-6266

15. Budget Process: North Shattuck Merchants
From: Councilmember Spring
Recommendation:
Refer a request for $5,000 for the North Shattuck Merchants to the FY2000 and FY2001 budget process.
Contact: Dona Spring, Councilmember District 4, 644-6266

16. Budget Process: Tinker's Workshop
From: Councilmembers Maio, Breland, and Spring
Recommendation:
Refer $20,000 funding for Tinker's Workshop to 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

17. Budget Process: Access to Software for All People
From: Councilmembers Maio and Breland
Recommendation:
Refer a request of $10,000 from Access to Software for All People (ASAP) to the budget process.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400

18. Urban Ore Retention and Licensing
From: Councilmembers Maio, Spring, Worthington, and Vice Mayor Shirek
Recommendation:
Direct the City Manager to meet with Urban Ore to provide as much assistance as possible to enable Urban Ore to continue operating in Berkeley, including financial advice and possible financial assistance in purchasing their site, and that these discussions include extending the term of the City's license agreement, providing the appropriate compensation for the waste they currently divert for the City, and to expand that diversion assistance to include assisted unloading so that the amount and type of materials diverted from the landfill can be increased.
Contact: Linda Maio, Councilmember District 1, 644-6359; Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398; Maudelle Shirek, Councilmember District 3, 644-6243

19. Affordable Housing Week Proclamation
From: Councilmember Maio
Recommendation:
Approve a proclamation declaring June 6 - 12, 1999 as "Affordable Housing Week" and honoring the contributions of local housing organizations in working for affordable housing for all Berkeley citizens, and presenting the proclamation at the June 8th Council meeting.
Contact: Linda Maio, Councilmember District 1, 644-6359

20. Budget Process: Traffic Bollards
From: Councilmember Maio
Recommendation:
Refer to the budget process an allocation for the installation of three traffic bollards at an estimated cost of $500 each.
Contact: Linda Maio, Councilmember District 1, 644-6359

21. Budget Process: Shotgun Theatre Players
From: Councilmember Maio
Recommendation:
Refer a request for $10,000 from the Shotgun Players theatre group for consideration in the budget process.
Contact: Linda Maio, Councilmember District 1, 644-6359

22. Budget Referral: Young Artists Work Space at Totland Park
From: Parks and Recreation Commission
Recommendation:
Refer a request not to exceed $20,000 of General Fund money to the budget process to support the Young Artists Work Space at Totland Park Project.
Contact: Jay Kelekian, Secretary, 644-6952
a. City Manager Report
Recommendation:
Refer the request of $20,000 to the FY2000 and FY 2001 budget process.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

Presentations

23. Presentation: Dr. Ronald Temple, Chancellor, Peralta Community College District
a. City Manager Information Report
Contact: Arrietta Chakos, City Manager's Office, 644-6580

24. Presentation: Cable Services - TCI-ATT
a. City Manager Information Report
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Action Calendar

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 *.

25. Fire and Life Safety Plans Examiner (held over from April 27 and May 11 meetings)
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

26. Minutes for Approval (held over from April 27 and May 11 meetings)
From: City Manager
Recommendation:
Clarify action taken on minutes for the regular meeting of March 16, 1999, Item 31, and amend if necessary to adopt a resolution before approval.
Contact: Sherry M. Kelly, City Clerk, 644-6480

27. Minutes for Approval (removed from Consent by Mayor Dean and held over from May 11 meeting)
From: City Manager
Recommendation:
Approve the minutes for the regular meeting of April 13, 1999, as submitted.
Contact: Sherry M. Kelly, City Clerk, 644-6480

28. Location of Public Restrooms in Civic Center Area (Moved to Action by Councilmember Spring and held over from April 13, 27, and May 11 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

29. Budget Referral: Telegraph Area Association (removed from Consent by Councilmember Maio and held over from May 11 meeting)
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

30. Street Design Guidelines (removed from Consent by Councilmember Spring and held over from April 27 and May 11 meetings)
From: Mayor Dean
Recommendation:
1) Refer to staff, Planning Commission, Transportation Commission, and Public Works Commission, the publication Street Design Guidelines for Healthy Neighborhoods, by Dan Burden 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

31. Referral to Budget Process: Housing Trust Fund Allocation (removed from Consent by Councilmember Olds and held over from April 27 and May 11 meetings)
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

32. Traffic Bollards (removed from Consent by Councilmember Armstrong and held over from April 13, 27 and May 22 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

33. Student Housing (removed from Consent by Councilmember Worthington and held over from April 13, 27, and May 11 meetings) (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

34. Budget Referral: Crisis in Section 8 Housing (removed from Consent by Councilmember Olds and held over from April 20, 27, and May 11 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

35. Local Health and Welfare Trust Monies (held over by Councilmember Breland from May 11, 1999 meeting)
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

New Business:

36. Library Loan and Policy Increasing General Fund Reserve
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the Board of Library Trustees for a loan up to $1,163,000 for the Library construction project, and adopt a policy increasing the General Fund Reserve to 6% by Fiscal year 2004.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

37. Development Proposal for 2002 Acton/1392 University Avenue
Recommendation:
Request Council choose between two finalist projects for development of State property located at 2002 Acton/1392 University Avenue: 1) University Avenue Courtyard Apartments proposed by Panoramic Interests/Jubilee Restoration, or 2) Acton Garden Homes proposed by Affordable Housing Associates/Hearth Homes; and adopt a Resolution approving the City's preferred development project for recommendation to the State.
Contact: Bill Lambert, Economic Development, 705-8180

a. Housing Advisory Commission Report
Recommendation:
Accept the Affordable Housing Associates/Hearth Homes (AHA/HH) proposal for the development of the Acton/University site in view of the greater number of affordability units without City subsidy, the possibility of deeper affordability if Housing Trust Fund subsidies are available, superior design, and inclusion of a community room.
Contact: Oscar Sung, Secretary, 644-6001

38. Funding for Bus Stops and Benches
From: Parks and Recreation Commission
Recommendation:
Allocate General Fund resources adequate to establish a Bus Stop and Citywide Bench Maintenance Program beginning with Fiscal Year 2000 budget; request the City Manager review the needs of the Program and determine which department or departments should have responsibility for ongoing replacement and maintenance of streetscape furniture; and that any maintenance and replacement efforts to first focus on the South Shattuck Area.
Contact: Jay Kelekian, Secretary, 644-6952
a. City Manager Report
Recommendation:
The recommendations contained in this report affect budget and/or other programs. Please take no action until these matters have been considered and a report can be submitted.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

Information Reports

39. Lawsuit Against Internet Tax Commission (CR 99-52)
Contact: Manuela Albuquerque, City Attorney, 644-6380

40. Formal Bid Solicitations and Requests for Proposals
Contact: Frances David, Finance, 644-6476

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. Gina C. Cummings, Director of Campaigns, Physicians for Human Rights, regarding an update on the U.S. Campaign to Ban Landmines.

2. Dot Marad, regarding practice drills at schools.

3. Jeffrey R. Stein, regarding Salt Water Fire Fighting System.

4. Sylvia Schild, regarding early spaying and neutering of animals.

5. Jason Meggs, Director, Bicycle Civil Liberties Union, regarding Public Records Act request.

6. Richard Atkinson, President, University of California, regarding Y2K preparedness.

7. Doris Fine, President, League of Women voters, regarding funding for Berkeley Community Media (BCM).

8. Regarding pedestrian safety:

   a. Ruth Paulina

   b. Wendy Alfsen

   c. Dorothy Foreman

   d. Rose Green

   e. L. Carrier

   f. Bill Moore

9. Guy Thomas, regarding TCI complaints.

Adjournment


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.