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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, OCTOBER 12, 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.

Proclamation: National Crime Prevention Month and Neighborhood Watch Group Citations for Excellence

Proclamation: National Mammography Day

Proclamation: Berkeley Kids READ!

Presentation by FEMA and VISA USA for Disaster Readiness

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) September 14, 1999 (regular); b) September 14, 1999 (closed); c) September 21, 1999 (regular); and d) September 28, 1999 (closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Lawsuit Settlement: Andy Caffrey
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of Alameda County Superior Court Action No. 800818-7 in the matter of Andy Caffrey for $23,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380

4. Lawsuit Settlement: Linda Jones
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of Alameda County Superior Court Action No. 799507-3 in the matter of Linda Jones for $40,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380

5. Public Liability Claim: Rufus P. Browning and Sandra R. Luft
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of Public Liability Claim No. 98-188C in the matter of Rufus P. Browning and Sandra R. Luft for $8,237.
Contact: Manuela Albuquerque, City Attorney, 644-6380

6. Public Liability Claim: Georgiann Feltz
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of Public Liability Claim No. 98-296 in the matter of Georgiann Feltz for $15,074.
Contact: Manuela Albuquerque, City Attorney, 644-6380

7. Equity Salary Increase: Assistant City Clerk
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 57,841-N.S., Classification and Salary Resolution for Unrepresented Employees, to approve a 2% salary equity adjustment for an annual increase of $1,535 for the Assistant City Clerk classification effective June 27, 1999.
Contact: Ronald Brown, Personnel, 644-6951

8. Equity Salary Increases: Information Systems Positions
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Local One Employees, to approve equity salary increases of 9.3% for Supervising Systems Analyst and Computer Systems Network Administrator, 6.1% for Principal Systems Analyst, and changes in titles and revision of class specifications for Principal Systems Analyst and Computer Systems Network Administrator effective June 27, 1999.
Contact: Ronald Brown, Personnel, 644-6951

9. Equity Salary Increases: Supervising Building Plans Examiner
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Local One Employees, to retitle Supervising Building Plans Examiner to Supervising Building Plans Engineer and approve an equity salary increase of 7.5% effective October 1, 1999.
Contact: Ronald Brown, Personnel, 644-6951

10. Side Letter Agreement: SEIU Local 535
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter Agreement with Social Services Union/Service Employees International Union (SEIU) Local 535 to amend the Librarian Trainee Program and corresponding pay differential.
Contact: Ronald Brown, Personnel, 644-6951

11. Purchase Order: Street Signs and Hardware
From: City Manager
Recommendation:
Adopt a Resolution awarding 12-month purchase orders with options to renew additional 12 months for providing street signs and hardware to: a) Zumar Industries, Inc. in the amount of $31,274; b) Hawkins Traffic Safety Supply in the amount of $1,577; and c) Western Highway in the amount of $34,061.
Contact: Frances David, Finance, 644-6476

12. License Agreement: Cesar Chavez Park Food Vendor
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with Mr. Teklu Neway to operate a food cart at the western entrance to Cesar Chavez Park for $3,600 for a three-year period.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

13. Installation of Planter Liners at Berkeley BART Station
From: City Manager
Recommendation:
Adopt a Resolution accepting a reimbursement in the amount of $22,355 from the Bay Area Rapid Transit District (BART) for purchase and installation of five fiberglass planter liners at the main downtown Berkeley BART Station; and authorizing a City expenditure in a matching amount of $22,355.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

14. Contract Amendment: Extend Lease of Y2K Test Mainframe Computer
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with IBM Corporation by increasing the amount $40,000 and extending the term through December 31, 1999 for the lease of an IBM AS400 Mainframe Computer for Year 2000 testing.
Contact: Chris Mead, Information Systems, 644-6820

15. Contract: Facility for Public, Education and Government Access Television
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Community Media in an amount not to exceed $177,375 for operation of a facility for public, education, and government access television for the period October 13, 1999 through June 30, 2004.
Contact: Chris Mead, Information Systems, 644-6820

16. Contract Amendment: Upgrading Computers
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Milestone Technologies for upgrading the City's inventory of computers, by increasing the amount $3,000 for a total contract amount not to exceed $78,000 and extending the period to December 31, 1999.
Contact: Chris Mead, Information Systems, 644-6820

17. Contract: Software Maintenance for Police and Fire Records
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Tiburon Incorporated in an amount not to exceed $53,000 for police and fire application software maintenance until June 30, 1999.
Contact: Dash Butler, Police, 644-6568

18. Contract Amendment: Martin Luther King Jr. Civic Center Building Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Swinerton Management and Consulting by increasing the amount $780,000 for a total contract amount not to exceed $2,180,000, and extending the period through December 31, 2000 for the Martin Luther King Jr. Civic Center Building Project.
Contact: Rene Cardinaux, Capital Projects, 644-6580

19. Contract: Reroofing Health and Human Services Administration Building, 2344 Sixth Street
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Western Roofing in the amount of $60,942 for reroofing the Health and Human Services building located at 2344 Sixth Street.
Contact: Rene Cardinaux, Capital Projects, 644-6580

20. Telecommunications and Design Services Update
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the agreement with Smith, Fause, & McDonald, Inc. by increasing the amount $67,200 for a total contract amount not to exceed $147,200, and revising the scope of work to analyze the potential inclusion of all major municipal buildings in the City in the competitive bid package plans and specifications for a telephone system to be installed in the Public Safety and Civic Center Buildings.
Contact: Rene Cardinaux, Capital Projects, 644-6580

21. Contract: Willard Middle School Ballfield Lighting
Recommendation:
Adopt a Resolution 1) approving plans and specifications for the Willard Middle School Ballfield Lighting Project; 2) rejecting non-responsive bid of Willie Electric; 3) accepting the bid from Mike Brown Electric; and 4) authorizing the City Manager to execute a contract and any amendments in the amount of $143,100 for the period November 1, 1999 to November 1, 2000.
Contact: Weldon Rucker, City Manager's Office, 644-6580; Lisa Caronna, Parks and Waterfront, 644-6943

22. Contract Amendment: Rebuilding the Recycling Facility
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Community Conservation Centers by increasing the amount $172,693, for rebuilding the recycling facility at the Solid Waste Management Center.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

23. Contact: Restrooms at King School and Aquatic Parks
From: City Manager
Recommendation:
Adopt a Resolution accepting the bid of Canyon Construction and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $131,000 for construction of a new King School Park restroom and renovation of the Aquatic Park restroom for a period of 120 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

24. Grant to Offset Transfer Taxes Due
From: City Manager
Recommendation:
Adopt a Resolution approving a $6,750 grant to the Cooperative Center Federal Credit Union to offset that amount of transfer taxes due to the City.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

25. Communications in the Council Packet
From: Councilmember Maio
Recommendation:
Establish a policy that in instances where an individual forwards many pages (more than 3) of email messages to the Council to be reproduced in the "Communications" section of the Council packet, that the City Clerk in order to conserve paper and save trees, not reproduce the entire email(s) but instead refer the public to the City's website or a hard copy of the email(s) to be kept for public view in the Clerk's Office. This item would only affect lengthy email communications not related to actionable items on the Council agenda.
Contact: Linda Maio, Councilmember District 1, 644-6359

26. Waive Fees for Berkeley Free Folk Festival
From: Councilmembers Maio, Spring, and Woolley
Recommendation:
Adopt a Resolution waiving all fees associated with the Berkeley Free Folk Festival on May 6 and 7, 2000 at Live Oak Park; fees to include park usage, Live Oak Recreation Center rental, portable toilets and trash receptacles, and sound permit; and waiving the four-hour limit to have amplified music from 10 a.m. to 9 p.m.
Contact: Linda Maio, Councilmember District 1, 644-6359; Dona Spring, Councilmember District 4, 644-6266; Diane Woolley, Councilmember District 5, 644-6294

27. Proclamation: 25th Anniversary of Pacific Center for Human Growth
From: Councilmembers Worthington, Maio, Breland, and Vice Mayor Shirek
Recommendation:
Support a proclamation for the 25th Anniversary celebration of the Pacific Center for Human Growth.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359 Margaret Breland, Councilmember District 2, 644-6400; Maudelle Shirek, Councilmember District 3, 644-6243

28. Proclamation: National Coming Out Day
From: Councilmember Worthington
Recommendation:
Support a proclamation for National Coming Out Day on October 12, 1999 in Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

29. Support Radisson Employee's Organizing Efforts
From: Mayor Dean, Councilmembers Worthington, Spring, and Vice Mayor Shirek
Recommendation:
Request the City Manager write to Radisson General Manager Brij Misra: 1) requesting a commitment to neutrality in the union recognition election; 2) specifically requesting that Radisson management not interfere in any way with employee efforts to organize, and not require mandatory meetings and/or one-on-one meetings that include any interference with employee efforts to organize; 3) that Council endorses an employee’s right to form a union through a card check neutrality agreement; 4) that Council support an employee’s right to choose without fear of intimidation or threats; 5) that Council opposes union busting and firing of any employees for union activity; and 6) that Council makes a commitment to participate in a boycott of the Radisson if called for by HERE Local 2850, but hopes this will not be necessary and that employer and employees will be able to work together for a fair resolution.
Contact: Shirley Dean, Mayor, 644-6484; Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266; Maudelle Shirek, Councilmember District 3, 644-6243

30. Support Funding for Warm Water Pool
From: Councilmembers Worthington and Spring
Recommendation:
Adopt a Resolution allocating $60,000 rollover funds for the following projects to keep the warm water pool functional by maintaining the effectiveness of the pool, increased accessibility for the pool users and future fundraising efforts: 1) That the Principal Consultant will be hired for 1.5 days per week at a rate of $1500 per month for a period of six months, this contract to be renewable for succeeding periods of six months each. The time per week will double the Principal Consultant's current time allocated to the Project, which cost is borne by the Berkeley Unified School District. The Principal Consultant’s time for the project will thus be three days per week. The Principal Consultant's responsibilities will include preparing a case study, developing a joint use agreement, doing outreach to other similar groups and projects in the area, finding potential business partners, and beginning fundraising activities. The supervision of the Principal Consultant will be by the Superintendent of the Berkeley Unified School District. The monies to pay the consultant will come from the rollover money from fiscal year 1998-99; 2) It is recognized that this Project is of great value to the City of Berkeley and to the surrounding area and is a multi-departmental community project. It is therefore vital that there be close coordination, cooperation, and information sharing among City staff, Berkeley Unified School District staff, and the warm water pool users working group; 3)There is approximately $60,000 left from the sum released by Council for fiscal year 1998-99 for improvements of the Berkeley High School pools. From that total the following is required for small but essential improvements: (a) steps with hand rails for safe entry into the South Pool. cost: less than $2,000, (b) accommodations for entry into the North Pool when the transfer to the North Pool is made when refitting of the South Pool begins. This is to insure that no loss of functionality occurs for pool users in the North Pool. Cost: less than $5,000, and (c) Improvements needed for increased current functionality and disabled accessibility in the poolroom include an extra portable dressing area, more clothing hooks placed accessibly and more seating. Cost: less than $2,000.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266

31. Waive Fees for North Shattuck Events
From: Councilmembers Spring and Woolley
Recommendation:
Adopt a Resolution granting the North Shattuck Merchants Association: 1) sound variance for October 24th from 11 a.m. to 6 p.m.; 2) waive permit fees and any other relevant fees; 3) two additional police reserve officers for security; 4) eight basic and four ADA-approved portajohns; 5) twelve additional garbage cans and one dumpster; 6) additional trash pick-ups, street cleaning, prior and subsequent to the first annual North Shattuck October Feast Festival.
Contact: Dona Spring, Councilmember District 4, 644-6266; Contact: Diane Woolley, Councilmember District 5, 644-6294

32. Amend Council Rules
From: Mayor Dean
Recommendation:
Establish a mandatory termination time of no later than 11:00 p.m. for all Council meetings and continue any remaining Mayor and Council items to the next scheduled Tuesday Council meeting (exempting public hearing Council meetings), with the provision that no new items from Mayor and Council can be placed on the agenda until all previous Mayor and Council items have been dealt with.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

33. Restricting Availability of Bidi Cigarettes
From: Mayor Dean
Recommendation:
Refer to the Community Health Commission and the Youth Commission for study and recommendation, the questions raised by the importation, sale, and use by teenagers of Bidi Cigarettes which are very high in nicotine, of low quality, and highly-carcinogenic; and specifically, whether these Bidi Cigarettes can be banned outright.
Contact: Barbara Gilbert, Mayor's Office, 644-6484

34. Truck Traffic on Belrose/Derby/Warring Corridor
From: Mayor Dean and Councilmember Armstrong
Recommendation:
Refer to the Transportation Commission a proposal to eliminate trucks on the Belrose/Derby/Warring Corridor, exempting moving and storage trucks directly serving residents in the area.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Polly Armstrong, Councilmember District 8, 644-6401

35. Support Public Education, Reinvestment, Reinvention and Reinvigoration Act
From: Mayor Dean
Recommendation:
Support Senator Lieberman's proposed Federal legislation, Public Education, Reinvention and Reinvigoration Act, which links Federal education aid to educational results and inform our Federal representatives, our Washington lobbyist, and the Bill's author of our support.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

36. Earthquake Hazard Maps for Berkeley
From: Mayor Dean and Councilmember Olds
Recommendation:
Request the City Manager contact the California State Department of Conservation to determine whether the updated earthquake hazard maps which have been prepared for the Cities of Oakland and Piedmont have been prepared for Berkeley, and if not, when such maps will be available; that the City Manager report back with this information and include a recommendation as to what steps the Council should take next.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Betty Olds, Councilmember District 6, 644-6399

37. Earthquake Preparedness Notification to Residents/Property Owners
From: Mayor Dean and Councilmember Olds
Recommendation:
Request the City Manager mail (either card or brochure) to all residents the following earthquake preparedness information: 1) A statement in simple, clear, factual language which provides residents with the latest prediction about a major earthquake (7.0 or higher) in the Bay area and why each household needs to be earthquake prepared; 2) A checklist of things each household needs to do to be prepared. Coordinate with School District and other agencies so parents know where they can get information about what to tell their children and people know where they can get detailed information about what they will need in terms of food and other supplies, etc.; 3) A schedule of classes offered by the City on: basic personal preparedness, disaster mental health, light search and rescue, fire suppression, and disaster first aid, urging all residents to take the complete list of courses available, how to register and where classes are given. Determine by some method the neighborhoods where people who have taken the full set of courses live so that special outreach can be targeted to neighborhoods where few, if any, people have taken the courses; and 4) Information to all qualified property owners about how to obtain a free assessment from the State on what they need to do to make their property more earthquake resistant.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Betty Olds, Councilmember District 6, 644-6399

38. Frontage Road Curfew and Cleanup
From: Mayor Dean
Recommendation:
Refer to the City Manager and the Solid Waste Commission, a proposal: 1) that Berkeley enact and enforce a curfew for parking along Frontage Road in Berkeley after 10 p.m. or before 6 a.m. (or dawn); 2) that additional trash cans be placed along the West side of the road; 3) that the City seek sponsors and recognize them for volunteer clean-up efforts in small designated sections; and 4) that the Commission and the Manager report back to Council in 45 days.
Contact: Tamlyn Bright, Mayor's Office, 644-6484

39. Assist Homeowners With California Disaster Assistance Program Loans
From: Mayor Dean, and Councilmembers Olds and Spring
Recommendation:
Endorse the following plan which is supported by a group called FORGIVE (Forgiveness of Repayment of Government Indebtedness for Victims of Earthquakes) who are homeowners in the Cities of Oakland and Berkeley who have been encountering significant problems with California Disaster Assistance Program Loans (CALDAP-O) they obtained following the 1989 Loma Prieta Earthquake: 1) The Berkeley Mayor's Office will arrange for meetings with Oakland's Mayor Jerry Brown, Berkeley's State representatives and homeowners representatives from FORGIVE who received CALDAP-O loans to formulate a strategy which will result in the California Housing and Community Development Department converting these loans to grants in the same way as CALDAP-R funds were offered; 2) As a part of the conversion to grant program, unfinished corrective work will be identified and a source of funds found to complete that work; 3) A part of the plan to work with CALDAP is to ensure the implementation of safeguards that will ensure that future recipients of disaster relief loans and grants to not suffer the same problems that have been encountered with the loans given to homeowners from the 1989 Loma Prieta Earthquake; and 4) Follow-up inspection by Oakland and Berkeley will be examined to ensure that practices are followed that eliminate recommending contractors with records of unsatisfactory work.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Betty Olds, Councilmember District 6, 644-6399; Dona Spring, Councilmember District 4, 644-6266

40. Section 8 Organizer
From: Councilmember Spring
Recommendation:
Include in the contract with Housing Rights the following requirements: 1) identify existing Section 8 housing in Berkeley; 2) identify those who need Section 8; 3) identify the coalition to fight for the advocacy plan for increased Section 8; 4) cover email and media distribution for the activities of the coalition; and 5) include in the contract with National Law Housing Project, Housing Rights and BOSS to set a strategy with goals to get commitments from ten Bay Area Congress members, two U.S. Senators, ten State Legislators for Section 8 funding increases by additional appropriations from Congress and our State government.
Contact: Dona Spring, Councilmember District 4, 644-6266

41. Sather Gate Garage
From: Councilmember Worthington
Recommendation:
1) That the City Manager place a very high priority on repairing (or replacing) the elevator that has not been working for two weeks; 2) Schedule leases for a City Council legal session by October 26; 3) Inform Telegraph Area Association (TAA) of schedule for elevator installations and revenue control system improvements to minimize impact on local businesses as much as possible; 4) Install business signs to replace signs removed in retrofit; 5) Consult with garage operators to review times for access to stairwells, closing time and monitoring of contract responsibilities.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

42. 10th Anniversary of Loma Prieta: Earthquake Preparedness - the Next Step
From: Councilmembers Worthington and Maio
Recommendation:
1) City Manager to widely publicize availability of the free Community Emergency Response Training (CERT) courses offered through the Office of Emergency Services to people who live or work in Berkeley; 2) Establish quarterly or semi-annual City-Wide gathering of earthquake preparedness block captains (coordinated with Berkeley Safe Neighborhood Committee) to facilitate open lines of communication between neighbors organizing around earthquake preparedness; 3) Schedule a public report back from City participants in the ABAG Living on Shaky Ground Conference (including Mayor Dean, Councilmember Linda Maio and Council Aide Curtis Billue) and any other participants for October 19th or November 2nd Council Meeting.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359

43. Caltrans Office of Bicycle/Pedestrian Coordinator
From: Councilmembers Worthington, Breland, and Spring
Recommendation:
Adopt a Resolution request Caltrans create an Office of Bicycle/Pedestrian Coordinator for District 4.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266

44. Support Catholic Directives Impact on Merger of Summit Hospital and Alta Bates Medical Center
From: Councilmembers Worthington, Breland and Vice Mayor Shirek
Recommendation:
Adopt a Resolution asking the Attorney General to obtain a guarantee through a "consent decree" that Sutter Corporation will not reduce or alter reproductive health services and other services that are affected by ethical and religious directives for Catholic health care facilities.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400; Maudelle Shirek, Councilmember District 3, 644-6243

45. Support AB 16: Funds for In-Home Support Services
From: Disability Commission
Recommendation:
Support AB 16, restoration of funds for in-home support services, by writing a letter to Governor Gray Davis and Senator Don Perata asking what happened to the $90 million and why was only $30 million allotted, and requesting funds be restored and that Governor Davis meet with representatives from American Disabled for Attendant Programs Today (ADAPT) to jointly work on this issue.
a. City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

46. Support Accessible Phone Menu Option for the Disabled
From: Disability Commission
Recommendation:
Support urging Pac Bell to provide a fully-accessible telephone menu option to include voice activation for emergency repair service (611); and direct the City Clerk to send a letter to Pac Bell expressing Council's position.
a. City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

47. Extend AC Transit Bus Line 15
From: Disability Commission
Recommendation:
Direct the City Clerk to write to the AC Transit Board of Directors requesting the hours for Bus Line 15 be extended from 9:00 p.m. to 11:00 p.m.
a. City Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

48. Removal of Landmines
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution requesting Senators Boxer and Feinstein, and Congresswoman Lee sponsor legislation and hold public hearings on the removal of U.S. landmines in foreign countries; and requesting copies of the Resolution be sent to President Clinton, Senators Boxer and Feinstein, Congresswoman Lee, U.S. Secretary General, and United Nations Consulates of Vietnam, Iraq and Russia.
Contact: Manuel Hector, Secretary, 644-6459
a. City Manager Report
Recommendation:
The City Manager takes no position on this subject.
Contact: Fred Medrano, Health and Human Services, 644-6459

49. Mine Ban Treaty
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution opposing funding for the RADAM Weapons System, and requesting President Clinton immediately sign the Mine Ban Treaty; and requesting copies of the Resolution be sent to President Clinton, Secretary of State Albright, Secretary of the Defense, every member of the U.S. Senate, Congresswoman Lee, U.N. Secretary General, Physicians for Human Rights and the U.S. Campaign to Ban Landmines.
Contact: Manuel Hector, Secretary, 644-6459
a. City Manager Report
Recommendation:
The City Manager takes no position on this subject.
Contact: Fred Medrano, Health and Human Services, 644-6459

Presentations

50. Community Preparation for a Major Disaster and Disaster Resistant Community Project
a. City Manager Information Reports

Contact: Arrietta Chakos, City Manager's Office, 644-6580; Reggie Garcia, Fire Chief,
644-6665

Action Calendar

Appeals:

51. Zoning Appeal of Use Permit 99-20000082 - 1328 Walnut Street (continued from September 28 meeting)
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board approving a Use Permit to Judith Buist to construct a 1,393 square foot residential addition to the rear of the structure, including a bedroom, dining room, bathroom and decking at 1328 Walnut Street and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Communications:
1. Marilyn Siegel
2. Judith Buist, applicant
b. Communications: (dated October 12th)
1. Frank Thompson
2. Edith Black
3. Adele Katzen
4. Gary Parsons
Contact: Sherry M. Kelly, City Clerk, 644-6480

52. Zoning Appeal of Use Permit 99-20000051 - 944 Fresno Avenue (to be delivered)
From: City Manager
Recommendation:
Schedule this matter for a public hearing.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Communications from:
1. Bob and Judi de Vries, applicants
2. Robert R. Outis, Attorney
3. Dennis Owens, AIA
4. David Nahman-Ramos and Paula Baker, appellants
5. Charles Anderson
6. Ellen Widess and Richard Warren
7. Philip Becker

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ.Proc. 1094.6(b)) or approve (Gov.Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. It is your obligation to inquire with the City Clerk (644-6480) to determine when a Notice of Decision is mailed. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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 *.

53. West Berkeley Air Quality (held over from September 28 meeting)
From: Councilmember Spring
Recommendation:
Request the City Manager send a letter to Bay Area Air Quality Management District (BAAQMD): 1) expressing Council's concerns regarding the cumulative impact of BAAQMD discharge permits to West Berkeley air quality and public health; 2) request that BAAQMD conduct an area-wide emissions exposure study for Pacific Steel Castings and other BAAQMD permit holders within one quarter mile of Gilman and Second Streets; 3) study to include a review and evaluation of emission inventories, ambient air monitoring, dust/soil testing and a modeling/risk assessment component to estimate exposure to air toxics in the immediate area.
Contact: Dona Spring, Councilmember District 4, 644-6266
a. City Manager Report
Recommendation:
That Council use the following language to be communicated to the Bay Area Air Quality Management District: "Conduct refined, cumulative exposure analyses for all permitted sources within a quarter mile of Pacific Steel Casting Company (PSC) and for the emissions from the freeway. Human health risks should be determined from the calculated exposures. The analyses should be compared to the risks calculated pursuant to ambient air monitoring as requested by the City Council on September 14, 1999."
Contact: Elizabeth Epstein, Planning and Development, 705-8105

54. Establish a Telecommunications Task Force (held over from September 28 meeting)
From: Councilmembers Worthington and Maio
Recommendation:
Adopt a Resolution establishing a Telecommunications Task Force by the Fair Representation Ordinance, that will sunset after one year, to examine telecommunication issues and address the following: 1) Promoting universal access to cable and the Internet to every Berkeley resident; 2) Exploring methods to insure low-income residents can participate fully in receiving Cable TV as well as the full range of telecommunication services; 3) Exploring invitations of bids from an overbuilder of cable systems to offer competitive video, internet, and telephony services to Berkeley residents; 4) Insuring all people in Berkeley including low-income residents have affordable access to the Internet; 5) Studying the feasibility of making converter boxes available for purchase as well as rent; 6) Insuring full funding for Berkeley Community Media; 7) Studying how to fully implement four Public Access Channels; 8) Requesting and reviewing quarterly status reports on the number and classification of complaints, as well as the resolution of those complaints; 9) Looking at the TCI annual survey of residents, businesses, and educational institutions, and suggest improvements to survey questionnaires; 10) Participate in a seven-year review and update session in order to ascertain the level and quality of service; 11) Develop a process for the City for keeping the community informed of new options in telecommunications; 12) Refining and expanding these tasks if deemed necessary; and 13) Exploring open access in the use of lines by other Internet Service Providers.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Linda Maio, Councilmember District 1, 644-6359

55. State Infrastructure Bank (held over from July 20, September 14 and 28 meetings)
From: Mayor Dean
Recommendation:
Request the City Manager do an analysis of funding up to $47.5 million of unfunded street repairs through a loan from the newly established State Infrastructure Bank; that the City Manager is to consider the source of funds to be used for payback of this loan as the General Funds which have been designated for street repair (approximately $1 million); that given the interest rate which will be imposed and the amount of available funds for payback that the City Manager advise the Council what size loan would be appropriate and what steps should be taken at our next meeting September 14, 1999.
Contact: Shirley Dean, Mayor, 644-6484
a. Councilmember Spring Report (dated October 12th)
Recommendation:
Request the City Manager aggressively pursue State and Federal grants and matching funding for both street and sidewalk renewal and repair in a way that does not spend the City's General Fund street repair annual operating budget of one million dollars on interest for a loan.
Contact: Dona Spring, Councilmember District 4, 644-6266

56. Process to Amend West Berkeley Plan and Zoning Ordinance (held over form July 20, September 14 and 28 meetings)
From: Mayor Dean and Councilmember Olds
Recommendation:
Request the City Manager initiate a process to amend the West Berkeley Plan and Zoning Ordinance (as necessary) to allow retail in the Mixed Use-Light Industrial District on Eastshore Highway between Hearst and Virginia (approximately a one-block area), that if in the course of this process, staff and involved commissions determine the area should be different from what is described above, they should feel free to make that recommendation to the Council.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399
a. City Manager Report (dated September 14, 1999)
Recommendation:
That no action be taken to initiate an amendment to the West Berkeley Plan and Zoning Ordinance to allow retail in the Mixed Use-Light Industrial (MULI) District and that zoning enforcement action be delayed until March 2000.
Contact: Elizabeth Epstein, Planning and Development, 705-8105

57. Public Comment Rules (removed from Consent by Councilmember Spring and held over from September 14 and 28 meetings)
From: Mayor Dean
Recommendation:
Refer to the Council Committee on Rules a proposal to eliminate the practice of allowing speakers during the public comment period to defer their time to another speaker.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

58. Berkeley Millennium Celebration (removed from Consent by Councilmember Maio and held over from September 14 and 28 meetings as revised)
From: Mayor Dean and Councilmember Breland
Recommendation:
Support the following as Berkeley's Millennium Celebration: 1) Add to the National theme of "Honor the Past, Imagine the Future" a City of Berkeley theme of "A Call for Peace"; 2) In accordance with the recommendation of the Police Chief, the City will neither encourage nor sponsor any large gathering of people on Friday evening, New Year's Eve, December 31, 1999; 3) Sponsor an historic exhibit in the Veteran's Memorial Building, "Berkeley Then and Now" and the publication of a Berkeley Time Line written by members of the Berkeley Historical Society and allocate $800 to the Historical Society for this purpose; 4) Endorse the sale of Berkeley Millennium Peace Bells as a memento of January 1, 2000, advancing a loan for the purchase of the bells to be repaid from their sale; request that the Berkeley Unified School District have school children make peace bells as a classroom project; and urge all residents through public service announcements, flyers sent home with school children, letters to watch groups, etc. that instead of firing guns into the air or setting off fireworks or other noise makers, that residents ring a peace bell from their home at the stroke of midnight January 1, 2000; 5) Purchase a stainless steel time capsule into which individuals, families, households, groups, institutions, churches, schools, businesses will be invited to submit written messages to the future on special acid-free paper and black and white photos of themselves or Berkeley scenes. The capsule to be designed and placed as a work-of-art in a public building such as the Main Library, the Civic Center Building or the Public Safety Building. The capsule to be opened in about 220 years. It is proposed that the opening date of the capsule be set for February 22, 2222. Costs of the capsule are to be self-financed through fees, with provision made for scholarships for those who cannot afford the fee; 6) Endorse the commissioning of the composition of an official Berkeley song, and a Berkeley poem which also could be engraved upon the surface of the time capsule; 7) Endorse the raising of private funds for: a) the purchase of an electronic carillon to strike the hour and half-hour and play Westminster chimes at an appropriate hour in the Downtown Area. Approval by a majority of the people within the area affected by the sound of the carillon will be sought, and an option for the purchase and installation of a silent clock in the belfry of Old City Hall is also to be considered; and b) the commissioning of a composition by Kent Nagano and performance of a Berkeley Symphony, or other type of composition, e.g. piano sonata, quartet, etc., by the Berkeley Symphony Orchestra; 8) Explore with the Civic Arts Commission, the possibility of commissioning through competition or other process the creation of a major public art sculpture made from melted-down guns; 9) At a date to be announced in the Year 2000, hold a public, "I survived Y2K" ceremony, at which time the poem would be read, the song played, the symphonic composition played, and the time capsule closed and its future location announced; and 10) Request the University of California Berkeley Campus toll the midnight hour, December 31, 1999 from The Campanile.
Contact: Shirley Dean, Mayor, 644-6484

59. Development of Oxford Street Lot (held over from September 14 and 28 meetings by Councilmember Spring with a revised recommendation)
From: Councilmember Spring
Recommendation:
That the City-owned Oxford Parking Lot be designated, in the event that it gets developed as an Opportunity Site for very-low-income residential units at least half of which have to be affordable to people at 50% and below the median income. In particular, we encourage the creation of co-op and co-housing units and plans designed to create a mixture of families, students, and seniors that reflects the diversity of Berkeley's population. This recommendation should not conflict or interfere with the need to replace the existing amount of public parking as well as additional parking appropriate for new development at the site. Due to the importance of this parking being available to short term parkers in the downtown area, the City would retain control of the parking. This plan also wants to encourage the construction of space for public cultural elements (e.g. theater companies or art galleries), since any project at the site should contain substantial pedestrian-friendly commercial space covering as much as physically feasible of the Oxford, Allston, and Kittredge frontage, or second-story space where more practicable. Any development of the site will undergo a thorough planning process involving all the stakeholders. This issue will be referred to the Council Sub-committee on Central Berkeley.
Contact: Dona Spring, Councilmember District 4, 644-6266

60. Stepped-up Enforcement of Seismic Retrofitting Requirements (held over from September 14 and 28 meetings)
From: Mayor Dean and Councilmember Olds
Recommendation:
1) Establish a priority in all City Department Work Plans for 1999-2000 for stepped-up enforcement of seismic retrofit requirements for the highest risk category, particularly theaters, which are on the City's list of Unreinforced Masonry Buildings (URMs); 2) all theaters will be looked at for seismic safety whether on the URM list or not; 3) assign a risk category to soft-story apartment buildings and include these buildings as a priority if the risk category is of the same magnitude of the highest risk category used for the URM list; 4) that given information gained from the Northridge Earthquake about welded steel frames that staff consider including other buildings on the priority list for stepped-up seismic retrofitting if they meet the highest risk category; 5) that staff report back as soon as possible but no later than 45 days for a work plan with a timeline on proceeding with these evaluations and stepped-up enforcement actions; and 6) that this report be reviewed by the Seismic Technical Group before it is brought to the Council.
Contact: Shirley Dean, Mayor, 644-6484

New Business:

61. Contracts: Coordination Activities Related to Saving Affordable Housing
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with Housing Rights, Inc. (HRI) in the amount of $27,000, Building Opportunities for Self-Sufficiency, Inc. (BOSS) in the amount of $10,000, and National Housing Law Project (NHLP) in an amount up to $15,000, to provide coalition-building, tenant-organizing, and other activities to help save Federal Section 8 and other affordable housing programs.
Contact: Stephen Barton, Housing, 644-6001

62. Waive Competitive Bid Requirements for Construction of Recreational Facilities
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 7.18.010 and adding Chapter 7.19, to provide that development of recreational facilities by non-profit organizations shall not be subject to competitive bidding provisions, as long as the total development costs of each facility does not exceed $4,000,000.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

63. Increase Littering Fine, Enforcement and Patrolling Waterfront
From: Waterfront Commission
Recommendation:
1) Significantly increase the fine for littering along the Berkeley Waterfront; 2) Direct the appropriate Departments to increase both enforcement of the current litter law and clean-up efforts along Frontage Road.
Contact: Lisa Caronna, Secretary, 644-6943
a. City Manager Report
Recommendation:
There has been insufficient time to consider the implications of the recommendations, and request no action be taken until the City Manager has an opportunity to respond at the meeting of December 14, 1999.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

Information Reports

64. Landmarks Preservation Commission Notices of Decision: 2520 Durant Avenue (The Brasfield, Stratform Hall and the Beau Sky Hotel); 2526 Durant Avenue (The Blood House); 2530, 2532 and 2534 Durant Avenue (The Albra); 1401 Leroy Avenue (Warren Gregory Residence); 2515 Channing Way; 2521 Channing Way (Epworth Hall); 2524 Dwight Way (Alexander C. Stuart House); 2500 Rose Walk (Rose Walk/Codornices); 2134 Martin Luther King Jr. Way (Old City Hall)
From: City Manager

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

65. Santa Fe Right-of-Way
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580; Lisa Caronna, Parks and Waterfront, 644-6943; Stephen Barton, Housing, 644-6001

66. Support for the Kinder and Safer Streets Act of 1999
From: Peace and Justice Commission
Contact: Manuel Hector, Secretary, 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. Jason Meggs, Bike the Bridge! Coalition, regarding retrofitting the east span of the bridge.

2. Gene Bernardi and Pamela Sihvola, Committee to Minimize Toxic Waste, regarding public health assessment request to Agency for Toxic Substances and Disease Registrey.

3. Regarding Black Repertory Group from:
a. Gary Lane, Drapery Lane
b. Saundrah Clark Grevious
c. Mona Scott, Black Repertory Group
d. Johnnie Lewis, S.I.S.T.E.R.,
e. Dr. Catherine Smallwood, Black Repertory Group Board of Directors

4. Rauly Butler, Downtown Berkeley Association, regarding support of the Planning Commission's decision regarding Measure S funds to improve the downtown.

5. Daniele Spellman, Neighbors for Responsible Development Committee, regarding 4-story building with 49 units at 2700 San Pablo Avenue.

6. Akai Colleen, Refuse & Resist, regarding U.S. Supreme Court denying Mumia's Writ of Certiorari.

7. Don Perata, California State Senator, thanking Council for support of Assembly Bill 1482, (delays the amount of time necessary to implement a six-day waiting period before euthanasia).

8. L.A. Wood, regarding Harrison Playing Fields.

9. Norine Smith, regarding 1999 General Plan and Bond Measure G.

10. Regarding affordable housing from:
a. Autumn Buss
b. Charles J. Higley, U.C. Boalt Hall School of Law
c. Shannon Dodge

11. Hope Whitney, regarding proposed parking lot on Oxford between Allston and Kittredge.

12. John Vance, A First Amendment Center, regarding KPFA, Pacifica, Mumia, Giuliani, parks cancel freedom of assembly tonight, World Trade Organization, Romero, Chiapas update.

Adjournment


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