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BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY,  APRIL 13, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:16 p.m. All present.

Ceremonial Matters:

a. Proclamation celebrating the 24th Anniversary of Bay Area Hispano Institute for Cultural Advancement.

Action: Presented Proclamation.

Comments From The City Manager:

a. Fire Department will graduate ten new fire fighters on Friday, April 16, 1999 at noon.
b. Presented an update from the Metropolitan Transportation Commission on the Adeline Corridor grant application.

Comments From The Public: Eleven speakers.

Youth Forum: Two speakers.

Consent Calendar

Action: Moved, seconded, carried (Armstrong/Worthington) to approve Consent Calendar items in one motion except as indicated.

1. Confirming Actions Taken by the City Manager During Spring Recess:
a. Contract Amendment: Marina Rehabilitation, F & G Dock
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Vortex Diving, Inc. for Marina Rehabilitation, F & G Dock replacement, by increasing the amount $68,000 for a total not to exceed $2,181,895 for the period April 14 to July 1, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,944-N.S.

b. Contract: Traffic Collision Identification Analysis Study
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kimley-Horn and Associates, Inc. to provide traffic engineering services by conducting a Traffic Collision Identification Analysis Study and providing agreed-up computer software to computerize the City's accident analysis procedures in an amount not to exceed $40,000 for the period April 1, 1999 to September 30, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,945-N.S.

c. Contract: Wildcat Canyon Road Slide Report, Site 2
Recommendation:
Adopt a Resolution accepting the bid of Clemens Construction Company Inc., and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $250,494 for permanent repair of landslides at 610 Wildcat Canyon Road, Site 2 for the period April 30, 1999 to August 30, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Removed from the Consent Calendar by Councilmember Breland. Moved, second, carried (Worthington/Olds) to adopt Resolution No. 59,946-N.S.confirming the City Manager’s action and requested that the City Manager provide a report regarding requiring employment of Berkeley residents by contractors as part of a contract.

2. Needle Exchange Emergency Distribution
From: City Manager
Recommendation:
Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-infected needles among injection drug users, and authorizing the Director of Public Health to take steps to enable the operation of needle exchange emergency distribution.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 59,947-N.S.

3. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for Council meetings of: a) March 9, 1999 (closed); b) March 9, 1999 (regular); March 15, 1999 (special); and March 16, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Approved minutes of March 9, 1999 (closed); March 9, 1999 (regular) as amended; March 15, 1999 (special). Minutes of March 16, 1999 (regular) removed from the Consent Calendar by Councilmember Worthington to be held over to April 27, 1999.

4. Ordinances for Second Reading:
a.
Adopt an ordinance amending Annual Appropriations Ordinance No. 6449-N.S. for Fiscal Year 1998-99 to increase net appropriations. (Vote - unanimous; Absent – none)
Action: Adopted second reading of Ordinance No. 6481-N.S. Effective May 13, 1999.

5. Lawsuit Settlement: Ronald McGrew
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Attorney to settle lawsuit entitled Ronald McGrew v. City of Berkeley, Case No. C1997-1990 MMC in the United States District Court for the Northern District of California, and related claims including for attorneys’ fees and costs, in the amount of $35,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 59,948-N.S.

6. Lawsuit Settlement: Percy Slaughter
From: City Manager
Recommendation:
Adopt a Resolution approving the settlement of the Alameda County Superior Court, Berkeley Courthouse, Action No. 78551, entitled Percy L. Slaughter vs. City of Berkeley, in the amount of $18,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 59,949-N.S.

7. Contract Amendment: Civic Center Seismic Upgrade Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the law firm of Wulfsberg, Reese, Ferris & Sykes, P.C., increasing the expenditure limit to an amount not to exceed $59,950 for legal services related to the Civic Center Seismic Upgrade Project.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 59,950-N.S.

8. Contract Amendment: Public Safety Building Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with the law firm of Wulfsberg, Reese, Ferris & Sykes, P.C., increasing the expenditure limit from $49,000 to an amount not to exceed $52,000 for legal services related to the Public Safety Building project.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 59,951-N.S.

9. Amend Traffic Ordinance regarding Employee Parking
From: City Manager
Recommendation:
Adopt first reading of Ordinance amending Sections 2.4(d) and 2.4(e) of the Traffic Ordinance (Ordinance 3262-N.S., BMC Title 14.08.060) making the exemptions contained in said sections subject to the provisions of the Administrative Regulation on Employee Parking Policies issued by the City Manager.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted first reading of Ordinance. Second reading April 20, 1999.

10. Establish Senior Building Plans Examiner Classification and Salary Range
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 59,883-N.S., Classification/Salary Resolution for SEIU Local 535: 1) to establish the Senior Building Plans Examiner classification and salary range in the amount of $4171 – 4950 per month; and 2) adjusting the Senior Building Inspector salary range to $4171 – 4950 per month retroactive to January 3, 1999.
Contact: Ronald Brown, Personnel, 644-6951
Action:
Adopted Resolution No. 59,952-N.S.

11. Modify Salary and Benefits for Unrepresented Fire Management Employees
From: City Manager
Recommendations:
Adopt two Resolutions amending 1) Resolution No. 59,435-N.S., Classification/Salary for Unrepresented Employees; and 2) Resolution No. 57,901-N.S., Personnel Rules and Regulations, to increase the salary and benefits, including a first year cost-of-living and certain other adjustments to benefits retroactive to June 28, 1998 for employees in Representation Unit A (Unrepresented Sworn Fire Management).
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 59,953-N.S. and Resolution No. 59,954-N.S.

12. CDBG Contract Amendment: Facility Access Improvements
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the Community Development Block Grant (CDBG) contract with Finnish Hall for facility access improvements by extending the contract through June 30, 2000.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 59,955-N.S.

13. CDBG and ESG Contract Amendments: Facility Improvements
From: City Manager
Recommendation:
Adopt five Resolutions authorizing the City Manager to amend the Community Development Block Grant (CDBG) and Emergency Shelter (ESG) contracts with Bay Area Hispano Institute for Advancement, Berkeley Youth Alternatives (BYA), Lifelong Medical Care, Women’s Daytime Drop-In Center, and Women’s Refuge for facility improvements by extending the contracts through June 30, 2000.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 59,956-N.S., Resolution No. 59,957-N.S., Resolution No. 59,958-N.S., Resolution No. 59,959-N.S. and Resolution No. 59,960-N.S.

14. Grant Application: Toilet and Shower Facility at Berkeley Marina Boat Launch
From: City Manager
Recommendation:
Adopt a Resolution authorizing submission of a grant application in the amount of $290,000 to the State Department of Boating and Waterways for a new toilet and shower facility at the Berkeley Marina Boat Launch and authorizing the City Manager to execute an agreement and any amendments.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Removed from the Consent Calendar by Mayor Dean. Moved, seconded, carried (Maio/Spring) to adopt Resolution No. 59,961-N.S.

15. Donation for Memorial Benches in Cesar Chavez Park
From: City Manager
Recommendation:
Adopt a Resolution accepting donations in a total amount of $2,400 from Lesa and Andrew Mayes and Dolores Taller for two memorial benches to be placed in Cesar Chavez Park at the Berkeley Marina.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 59,962-N.S.

16. Donation of Monarch Patrol Boat
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept a 22-foot Monarch patrol boat donated to the Police Department by the U.S. Coast Guard Department of Transportation.
Contact: D. E. Butler, Police Department, 644-6568
Action: Adopted Resolution No. 59,963-N.S.

17. Police Vehicles Purchase
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to negotiate the purchase of five used vehicles in an amount not to exceed $72,000 from one or more vendors, without using the formal bid process.
Contact: D. E. Butler, Police Department, 644-6568
Action: Adopted Resolution No. 59,964-N.S.

18. Final Subdivison Map of Tract 6723
From: City Manager
Recommendation:
Adopt a Resolution approving Final Map of Tract 6723, a ten-parcel subdivision.
Contact: Andreas Campos-Kreutzer, Public Works, 665-3439
Action: Adopted Resolution No. 59,965-N.S.

19. Contract: Sanitary Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project located at Grant Street, Bonita Avenue, Berkeley Way, Channing Way, Spruce Street and San Luis Road; accepting the bid of McNamara and Smallman Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,223,306, for a period of 210 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 665-3439
Action: Adopted Resolution No. 59,966-N.S.

20. Stop Signs at Dwight Way/Ninth Street and Hearst Avenue/California Street
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 56,502-N.S. by: a) amending Subsection 20d-16 to install 4-way stop signs at the intersection of Dwight Way and Ninth Street; and b) amending Subsection 20h-14 to install 3-way stop signs at the intersection of Hearst Avenue and California Street.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,967-N.S.

21. Contract: Uniform and Laundry Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Aramark Uniform Services to provide rental and laundry of uniforms for the City on a month-to month basis for a period of three years in an amount not to exceed $375,000.
Contact: Frances David, Finance Department, 644-6630
Action: Adopted Resolution No. 59,968-N.S.

22. Window Bar Ordinance Amendment
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 19.28.020 and 19.48.020 (Ordinance No. 6406-N.S.) Building and Fire Codes to Require Retrofitting of Dangerous and Illegal Bars on Sleeping Room Windows by extending the period of the fee waiver to October 15, 1999.
Contact: Reginald Garcia, Fire Department, 644-6665
Action: Adopted first reading of Ordinance. Second reading April 20, 1999.

23. Grant Application: Summer Food Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education, Child Nutrition and Food Distribution Division for approximately $83,690 in revenue, for a Summer Food Service Program for children, and to execute the resultant agreement and any amendments for the period June 14, 1999 to October 22, 1999.
Contact: Fred Medrano, Health and Human Services, 665-6789
Action: Adopted Resolution No. 59,969-N.S.

24. Tobacco Use at Tot Lots (CR 98-91)
From: City Manager
Recommendation:
1) Request the Parks and Recreation Commission and the Parks and Waterfront Department to consider an amendment to Berkeley Municipal Code (BMC) Chapter 6.32, Parks Use Restrictions, to change the hours of operation of tot lots to 8:00 a.m. to sunset which would impose a curfew on tot lots from sunset to 8:00 a.m.; and 2) Request the Parks and Waterfront Department post signs with language approved by the Health Officer warning parents of the danger of ingesting tobacco and asking visitors not to smoke in the tot lot areas.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Approved recommendation.

25. Contract: Southside/Downtown Transportation Demand Management Study
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Nelson/Nygaard Associates in an amount not to exceed $100,000 for the period ending June 30, 2000, for the Southside/Downtown Transportation Demand Management Study.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Adopted Resolution No. 59,970-N.S.

26. Waiver of Fees for "Walk for Sight"
From: Mayor Dean and Councilmember Olds
Recommendation:
Adopt a Resolution waiving fees for the Foundation Fighting Blindness to use Cesar Chavez Park for the "Walk for Sight" benefit on May 8, 1999.
Contact: Betty Olds, Councilmember District 6, 644-6399; Jennifer Drapeau, Mayor's Office, 644-6484.
Action: Adopted Resolution No. 59,971-N.S.

27. BART Bathrooms for Public Use
From: Councilmembers Armstrong and Spring
Recommendation:
Request the City Manager contact the BART Board of Directors and Berkeley’s representative Roy Nakadegawa, asking if BART would work with the City to reconfigure the station entrance at the Downtown Berkeley BART Station so that BART bathrooms would be available to the general public and ask that BART also explore the possibility of jointly funding a street level restroom with the City as the Downtown BART elevator is regularly used as a urinal, and to add Councilmember Spring as a co-sponsor of this agenda item.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action:
Approved recommendation amended by Councilmember Spring as shown above.

28. Proclamation: KPFA Day
From: Councilmember Spring
Recommendation:
Adopt a Resolution proclaiming April 15th as KPFA Day and 50th Anniversary and of being the first listener-sponsored radio, and the genesis for community radio and the Pacifica network.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Spring/Maio; Abstain – Armstrong, Olds, Woolley, Dean) to adopt Resolution No. 59,972-N.S. approving the proclamation and in addition to send a letter amended by Councilmember Maio to the Pacifica National Board in support of its paid staff and volunteers as follows: 1) Renew the contract of Nicole Sawaya, subject to the normal Pacifica performance measures and evaluation procedures and rescind the termination of Larry Bensky; and 2) that the Board enter into mediation of the dispute by a respected independent outside group or individual, subject to mutual approval of KPFA paid staff and the Pacifica National Board. This mediation is to include a full public report of the underlying issues prompting this controversy within Pacifica. The Berkeley City Council urges Pacifica and KPFA to remain true to its roots as a democratically run, listener sponsored, community-based organization.

29. Funding for Berkeley Free Folk Festival
From: Councilmember Spring
Recommendation:
Refer to the budget process a request for $3,000 for the Berkeley Free Folk Festival and add to the list of events annually funded in subsequent budgets.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Removed from the Consent Calendar by Councilmember Worthington and held over to April 27, 1999.

30. Funding for Athletes United for Peace "Peacebuilders 2000" Project
From: Councilmembers Maio, Breland, Shirek, and Worthington
Recommendation:
Adopt a Resolution allocating funding in the amount of $2,000 to assist the Athletes United for Peace (AUP) Peacebuilders 2000 Project delegation to attend the Hague Appeal for Peace Conference being held May 11-15, 1999 in The Hague, The Netherlands.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400; Maudelle Shirek, Councilmember District 3, 644-6243; Kriss Worthington, Councilmember District 7, 644-6398
Action:
Adopted Resolution No. 59,973-N-S.

31. Waive Fees for 16th Annual Himalayan Fair
From: Councilmembers Maio and Woolley
Recommendation:
Adopt a Resolution waiving all fees associated with the 16th Annual Himalayan Fair on May 22 to May 23, 1999 at Live Oak Park such as park usage fee, recreation center rent fee, sound permit fees and food permit fees, and waive Berkeley Municipal Code (BMC) Section 20.24.040 to permit two banners be hung over Shattuck Avenue.
Contact: Linda Maio, Councilmember District 1, 644-6359; Diane Woolley, Councilmember District 5, 644-6294
Action: Adopted Resolution No. 59,974-N.S.

32. Traffic Bollards
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
Action: Removed from the Consent Calendar by Councilmember Armstrong and held over to April 27, 1999.

33. Extended Day Program Funding
From: Councilmember Maio
Recommendation:
Refer to the budget process a request for $30,000 for continued funding of Extended Day Programs previously approved by Council.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation.

34. Street Sweeping Parking Citations
From: Mayor Dean
Recommendation:
Ask the City Manager to complete as soon as possible a report previously requested by Council on November 18, 1997 on the feasibility of early warning devices so as to limit parking citations issued in conjunction with street sweeping.
Contact: Barbara Gilbert, Mayor’s Office, 644-6484
Action: Approved recommendation.

35. Funding for Pre-Natal Through Pre-School Healthy Child Initiative
From: Mayor Dean
Recommendation:
Refer to the budget process a request for $35,000 additional funding for the Berkeley Pre-Natal to Pre-School Healthy Child Initiative.
Contact: Jennifer Drapeau, Mayor’s Office, 644-6484
Action: Approved recommendation.

36. Support AB 18: $1.5 Billion Bond Proposal for Urban Parks
From: Mayor Dean
Recommendation:
Support AB 18 which would place a $1.5 billion urban parks, clean water, and coastal protection bond on the March 2000 ballot and notify Assemblymembers Villaraigosa and Kelley, Berkeley’s lobbyist, representatives in Sacramento, and other Bay Area Mayors urging them to take similar action.
Contact: Jennifer Drapeau, Mayor’s Office, 644-6484
Action: Approved recommendation.

37. Proclamation: Fourth International EcoCity Conference
From: Mayor Dean and Councilmembers Maio and Spring
Recommendation:
Approve a proclamation for the Fourth International EcoCity Conference being locally sponsored by EcoCity Builders.
Contact: Barbara Gilbert, Mayor’s Office, 644-6484
Action: Approved recommendation.

38. Establish Task Force on Animal Care and Control Policy
From: Mayor Dean and Councilmembers Spring and Olds
Recommendation:
1) Adopt a Resolution establishing a temporary one-year Animal Care and Control Policy Task Force and appointing Mayor Dean, Councilmembers Spring and Olds, two members of the Citizens Humane Commission and a staff representative selected by the City Manager. Task Force to: a) assess current City policies, programs and facilities for the care and control of stray animals, including how such services are delivered within the City’s organization, b) study potential impacts on existing programs and facilities from new State legislation such as the Hayden Bill and others, c) identify future private funding opportunities and possible private/public partnerships, and d) develop policies which will update City services and programs to comport with recent State legislation, best practices and humane considerations; 2) Refer to the City Manager the enactment of a temporary phone-before-kill policy and request a report back on April 20th of staff’s response to the adoption of this temporary policy. Such policy to be in effect during the term of the Task Force, the enactment of a different policy, or a determination by the Council on the retention of the current policy regarding the euthanasia of stray animals; and 3) request the Task Force make an interim report back to the Council in no more than 60 days on the matter of a spay and neuter ordinance.
Contact: Shirley Dean, Mayor; Dona Spring, Councilmember District 4, 644-6266; Betty Olds, Councilmember District 6, 644-6399

Actions: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded (Worthington/Woolley) a main motion to refer the subject to the Humane Commission; to include Council communication; to ask the Commission to act expediously; and to direct them to come back to Council with either a recommendation or options if they can’t reach consensus.

Moved, seconded, carried (Maio/Olds – Noes – Worthington; Abstain - Woolley) a substitute motion to approve recommendations 1 and 2 amended by Councilmember Maio to limit the term of the Task Force to six months and adopted Resolution No. 59,975.

Moved, seconded, carried (Maio/Olds – Noes – Woolley) to approve recommendation 3.

39. Waive Fees for Pro Arts Open Studios Event
From: Councilmember Worthington
Recommendation:
Adopt a Resolution waiving all fees, including use of the West Berkeley Senior Center, courtyard, and side rooms, on June 5th-6th and June 12th-13th; allowing an exemption to Berkeley Municipal Code (BMC) Section 20.24.040 to hang a banner; and allow artists to set up displays the Friday before each weekend.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Adopted Resolution No. 59,976-N.S.

40. Waive Fees for the First Annual Berkeley World Music Festival
From: Councilmember Worthington
Recommendation:
Adopt a Resolution waiving all fees, including fees for event, food, sound permits, insurance fees and police reserve fees associated with the First Annual Berkeley World Music Festival on May 2nd; allowing an exemption to Berkeley Municipal Code (BMC) Section 20.24.040 to hang a banner across Telegraph Avenue (at Durant); approve in-kind services of eight portable toilets (including three handicap accessible toilets), the hanging of banners, 20 trash cans with liners, dumpster and Solid Waste Services, and traffic signage and traffic engineering for the closure of Durant at Telegraph and Bowditch.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Adopted Resolution No. 59,977-N.S.

41. Proclamation: Elizabeth Rothchild Day
From: Councilmember Worthington
Recommendation:
Proclaiming April 17th as Elizabeth Rothchild Day for her efforts in community and social awareness events and present a proclamation at the Earthquake Preparedness Training on April 17, 1999.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation.

42. Proclamation and Waive Fees for the East Bay Women for Peace March
From: Councilmember Worthington
Recommendation:
Adopt a Resolution waiving all permit fees for the Women for Peace March on May 9, 1999, and approve a proclamation proclaiming May 9th as a day to advocate peace and celebrate the mothers, grandmothers and families in Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Adopted Resolution No. 59,978-N.S.

43. Proclamation and Co-Sponsor Berkeley Grassroots Greening Tour
From: Councilmember Worthington
Recommendation:
Co-sponsor the Berkeley Grassroots Greening Tour scheduled for May 22, 1999 as part of the 5th Annual Bay Area Open Garden Weekend to help promote the tour; authorize an electric bus tour of Berkeley's school gardens; and proclaim May 22, 1999 as Open Garden Day in Berkeley.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation.

44. Proclamation: People’s Park Month
From: Councilmember Worthington
Recommendation:
Approve a proclamation for People’s Park recognizing April 20th to May 19th as People’s Park Month.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation.

45. Endorse Bay Area Transportation and Land Use Coalition
From: Councilmembers Worthington, Maio, Breland, and Vice Mayor Shirek
Recommendation:
Endorse the Bay Area Transportation and Land Use Coalition proposal to Alameda County Sales Tax Expenditure Plan to improve Measure B funding package.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by the City Manager and held over to April 27, 1999.

46. Student Housing (to be delivered)
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from the Consent Calendar by Councilmember Worthington to be rescheduled on April 27, 1999.

47. Y2K Concerns
From: Peace and Justice Commission
Recommendation:
Send a letter to the President of the University of California and the Board of Regents describing its concern as to the preparedness of all nuclear weapons work in which the University of California is engaged to meet the standards required for safety with the Y2K problem.
Contact: Manuel Hector, Secretary, 644-6469
a. City Manager Report
Recommendation:
City staff has met with officials from Lawrence Berkeley National Laboratory (LBNL) and U.C. Berkeley on Y2K issues. Both entities seem well prepared to address Y2K problems. Staff will communicate the Commission’s concerns with officials from U.C. and LBNL.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Approved recommendation of Peace and Justice Commission. (Noes – Olds)

48. Appointment of Council Liaison to the Community Health Commission
From: Community Health Commission
Recommendation:
Adopt a Resolution appointing Councilmember Margaret Breland as Liaison to the Community Health Commission for a term to expire November 30, 2000.
Contact: Verdie Thompson, Secretary, 644-6496
a. City Manager Report
Recommendation:
That Council appoint a Council Liaison to the Commission.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 59,979-N.S.

49. Disapproval of 1.3% COLA to Social Security
From: Commission on Aging
Recommendation:
Send a letter to President Clinton voicing disapproval of the 1.3% cost-of-living adjustment (COLA) for Social Security recipients because a 1.3% adjustment is inadequate to keep up with the cost of living.
Contact: Effie Burgess, 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
Action: Approved recommendation amended by Councilmember Spring as shown above.

50. Cancellation of Peralta Community College Classes
From: Commission on Aging
Recommendation:
Send a letter to Albert Harrison, Chancellor, Peralta Community College District, protesting the decision to cancel the Art History and Dramatic Literature classes scheduled by Merritt College at the North Berkeley Senior Center, and requesting that the classes be reinstated for the Fall.
Contact: Effie Burgess, 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
Action: Approved recommendation.

51. Request U.S. Senators Ratify the Kyoto Protocol
From: Community Environmental Advisory Commission
Recommendation:
Request the City Manager write to Senators Feinstein and Boxer to ratify the Kyoto Protocol in the United States Senate.
Contact: Nabil Al-Hadithy, Secretary, 705-8155
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Approved recommendation.

52. Underhill Area Master Plan Environmental Impact Report (EIR) Alternatives
From: Transportation Commission
Recommendation:
Request the University of California to fully study the following alternatives in its EIR on the Underhill Area Master Plan: 1) an Integrated Parking/Transportation Demand Management (TDM) alternative which adds no net new parking; and 2) an All Housing Alternative which would use the whole site for housing, not parking.
Contact: Nathan Landau, Secretary, 705-8136
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Approved recommendation.

53. Sewer Capital Program
From: Public Works Commission
Recommendations:
Approve Fiscal Year 2000/2001 budget recommendations: 1) prepare and annual update a five-year plan for the Sewer Program; 2) analyze the current level of overhead and indirect costs and develop recommendations; 3) provide annual or semi-annual reporting of Capital and Operations activities and Sewer Fund health status; and 4) analyze the historic uses of the Sewer Fund and develop policy recommendations.
Contact: Ted Gartner, Chair, 644-6506
a. City Manager Report
Recommendation:
Concurs with content and recommendations of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Approved recommendation.

Presentations

54. Presentation: Update on Transportation Planning by AC Transit for the College/Telegraph Corridor
Contact: Liz Epstein, Planning and Development, 705-8105
Action:
Presentation made.

55. Presentation: Y2K
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Presentation made.

Action Calendar

Appeals:

56. Zoning Appeal of Use Permit 98-10000065 – 2055 Los Angeles Avenue
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board granting a Use Permit to Bruce Baldwin, applicant, to construct a fence 8-feet 3-inches along the rear property line at 2055 Los Angeles and dismissing the appeal filed by Sara and Harvard Holmes.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Communications from:

1. Robert Delsman, Attorney on behalf of applicants
2. Harvard and Sara Holmes, appellants
3. Bruce Baldwinž applicant

Contact: Sherry M. Kelly, City Clerk, 644-6480
Actions: Moved, seconded, failed (Spring/Shirek – Noes – Olds, Woolley; Abstain – Armstrong, Breland, Maio, Dean) a main motion to uphold the Zoning Adjustments Board’s decision and dismiss the appeal.

Moved, seconded, failed (Spring/Armstrong - Noes – Shirek; Abstain – Breland, Maio, Spring, Worthington) a substitute motion to remand the matter back to the Board.

Moved, seconded, carried (Spring/Armstrong – Noes – Shirek; Abstain – Breland, Maio) to reconsider the motion to remand.

Moved, seconded, carried (Armstrong/Woolley; Abstain – Maio, Worthington) to adopt Resolution No. 59,980-N.S. to remand the appeal back to the Zoning Adjustments Board with directions to reconsider the condition regarding maintenance of the ivy below the fence top; to consider removal of the ivy from the fence; and to require that nothing can grow on the fence that will result in the height of the fence exceeding six feet.

57. Zoning Appeal of Use Permit 97-10000116 – 2025 Channing Way (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board to deny a Use Permit and Variance to Grace Chizar, applicant, to 1) construct a 20-unit apartment building which exceeds three stories and thirty-five feet to four stories, and covers 53% of the site where a maximum of 35% is permitted for a four-story building at 2025 Channing Way and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Communication from:

1. Lawrence M. Neal, Attorney on behalf of applicant

Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved, seconded, carried (Spring/Shirek; Abstain – Breland, Worthington) to adopt Resolution No. 58,981-N.S. affirming the decision of the Zoning Adjustments Board and dismissing the appeal.

58. Zoning Appeal of Use Permit 99-100000004 – 150 Berkeley Square
From: City Manager
Recommendation:
Adopt a Resolution affirming the decision of the Zoning Adjustments Board approving a Use Permit to Kava Massih to renovate a building and establish a school at 150 Berkeley Square for approximately 200 students in an existing 8,350 square foot building, and expanding its gross floor area approximately 3000 square feet by enlarging an existing mezzanine, constructing a new third floor and projecting the upper floors into the City right-of-way, and dismissing the appeal by the Berkeley Architectural Heritage Association.
Contact: Liz Epstein, Planning and Development, 705-8105
Actions:Moved, seconded, failed (Shirek/Olds; Noes – Woolley, Dean; Abstain – Armstrong, Maio, Spring, Worthington) the substitute motion to affirm the decision of the Zoning Adjustments Board.

Moved, seconded, carried (Spring/Armstrong) the main motion to set a public hearing on April 28, 1999 at 6:00 p.m. and to make the decision at the meeting.

Old Business:

59. Library Funding (held over by Councilmember Spring from March 9 and 16 meetings)
From: Councilmember Spring
Recommendation:
Discuss and take possible action regarding the Berkeley Public Library’s request for $1,100,000 in additional funding to complete the retrofit of the Main Library and that Council 1) express support for funding the Library an additional $1,163,453 to complete its renovation and expansion including all the alternatives (except the terrazzo floors) and requested contingency; and 2) request the City Manager present funding options to the Library Board which would include funding as a loan to be repaid from the Library PERS savings in future years; and 3) return to the Council on April 27, 1999 with the Library Board’s action.
Contact: Dona Spring, Councilmember District 4, 644-6266
a. Library Director Information Report
Contact: Adelia Lines, Library, 644-6095

Actions: Moved, seconded, carried (Olds/Maio) to approve the recommendation amended by Councilmember Spring as shown above with the exception of funding for terrazzo floors.

Moved, seconded, carried (Olds/Maio – Noes – Armstrong; Abstain – Breland, Maio, Spring) to include funding for terrazzo floors.

60. Approval of Council Minutes
From: City Manager
Recommendation:
Approve the minutes for the meeting of June 23, 1998 as revised through discussions with Mayor Dean and Councilmembers Maio and Spring.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Moved to Consent Calendar by Councilmember Worthington. Approved minutes.

New Business:

61. Ordinance: Prohibiting Certain ATM Fees (CR #99-27)
From: City Manager
Recommendation:
That Council determine whether it wishes to adopt first reading of an Ordinance prohibiting financial institutions from imposing a surcharge on non-account holders who use Automatic Teller Machines.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Moved, seconded, carried (Shirek/Worthington; Noes – Armstrong; Abstain – Olds, Dean) to adopt Ordinance for first reading. Date for second reading to be determined by the City Attorney.

62. Scheduling Special Council Budget Meetings
From: City Manager
Recommendation:
1) Approving Special Council Meetings on April 22nd from 5:30 to 7:30 p.m. for the purpose of presenting the City Manager’s Proposed Biennial Budget for Fiscal Years 2000 and 2001; and 2) Consider scheduling a series of Special Worksessions on successive Thursday’s through May to discuss individual areas of the proposed budget.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Set May 10, 1999 5:30-7:00 p.m. and May 20, 1999 7:00-8:30 p.m. for the budget sessions. City Manager to return with one additional date for budget session.

63. Civic Center Options
From: City Manager
Recommendation:
1) Adopt a Resolution approving the inclusion of the sixth floor expansion, replacement of stair tower windows and the operable transoms for a total of $1,015,000 and as many optional adds to the Civic Center Project as can be funded -within the current and future FEMA grants without increasing the City’s General Fund contribution; and 2) The options contained in the report are in priority order.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Moved, seconded, carried (Armstrong/Breland; Noes – Worthington; Abstain – Spring) to adopt Resolution No. 59,982-N.S.

64. Funding: Portable Meals Program
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
Action: Held over to April 27, 1999.

65. Taxi Scrip Budget
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
Action: Held over to April 27, 1999.

Information Reports

66. Secondhand Dealers at the BART Flea Market (CR 98-79)
From: City Manager
Contact: Dash Butler, Police, 644-6568
Action: Received and filed.

67. Police Department Block Grant Programs (CR 98-85)
From: City Manager
Contact: Dash Butler, Police, 644-6568
Action: Received and filed.

68. 2x2 Subcommittee Meeting Notes For 1998
From: City Manager
Contact: Arrietta Chakos, City Manager’s Office, 644-6580
Action: Received and filed.

69. Public Process Chronology for 2501 Sacramento Street (CR 99-25)
From: City Manager
Contact: Stephen Barton, Housing, 665-3481
Action: Received and filed.

70. Investment Report for February 1999
From: City Manager
Contact: Frances David, Finance, 644-6476
Action: Received and filed.

71. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issue in the Next 30 Days
From: City Manager
Contact: Frances David, Finance Department, 644-6630
Action: Received and filed.

72. Civic Center Project Relocation Leases
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Received and filed.

73. Location of Public Restrooms in Civic Center Area
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Moved to Action Calendar by Councilmember Spring. Held over to April 27, 1999.

74. Top Workplan Priorities for the Biennial Budget
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Received and filed.

75. Response to Audit Recommendations (to be delivered)
From: City Manager
From: City Manager
Contact: Frances David, Finance, 644-6476
Action: Received and filed.

76. Public Works Grant Audit and Billing Process
From: City Manager
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Received and filed.

77. Health and Human Services Grants Accounting (CR 98-83)
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Received and filed.

78. Implementation Status of Past Due Audit Recommendations
From: City Auditor
Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action: Received and filed.

79. Amendment to Fiscal Year 1998-99 General Audit Work Plan
From: City Auditor
Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action: Received and filed.

80. Annual Report FY 1997-98
From: Community Health Commission
Contact: Verdie L. Thompson, Secretary, 644-6496
Action: Received and filed.

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

1. Bradley Clark, Alameda County Registrar of Voters, regarding consolidation of precincts in the November 1998 Election. Olds

2. Kip Siegel, Chairman, Chamber of Commerce, regarding domestic partner benefits for City contractors.

3. Lisa Bullwinkel, Berkeley Festival of the Arts, regarding production of a Mock City Council meeting.

4. Senator Richard Polanco, California State Senate, Sacramento, requesting support for Senate Bill 15 regarding quality and safety standards for handguns in California.

5. Robert Lederman, President of A.R.T.I.S.T., regarding NYC Council ready to sell-out vendors, whitewashing Rudy Giuliani, and racism.

6. Regarding Commission on Aging’s recommendations for increased Taxi Scrip from:

a. Gina McGaughey, President, Bay View Chapter, California Council of the Blind
b. Daveed Mandell  Breland, Dean

7. Richard Wesell, Live Oak – Codornices Creek Neighborhood Association, regarding proposed development of the historic Byrne Site by Congregation Beth-El.

8. Amy Brunvand, regarding parking spaces vs. pedestrian space at 2161 Allston Way.

9. Robert Kehlmann, Chairman, Berkeley Historical Plaque Project, thanking Berkeley for its help in launching the Historical Plaque Project.

10. Ove Wittstock, Berkeley Boosters, regarding Berkeley Guides Budget. Referred to budget process by Woolley, Dean.

11. Millions for Mumia, regarding an interview with Mumia Abu-Jamal.

12. Prensa Nuevo Amanecer, regarding Los FARC culpan un comandante menor para los asesinatos.

13. Miriam R., regarding supporting the Ingrid Fund to return three home.

14. William Bogert/Stephanie Nichols, regarding rumor about FCC imposing a per minute charge on Internet access.

15. Arnold Garcia, regarding killing U.S. citizens by FARC.

16. Viola Williams Wilson, regarding three people to ride with her to Southern California. Dean, Worthington

17. Anne Marselis, St. John’s Neighbors, regarding questions about St. John’s neighborhood, KRD invalid appeal, "How to effectively address the City, the University and AC Transit, woman suing over disbelief of rape, and Berkeley politics.

18. Patrick Kennedy, Panoramic Interests, articles regarding pedestrian commute and affordable housing.

19. Charles L. Smith, regarding Roundabouts and wasted space in the center of any block.

20. Anna Evashko, President, Californians for Telecommunications Choice, regarding SBC/PacBell charge for "411" calls Dean

21. Susan Sanderson, East Bay Paratransit Consortium, regarding establishing ombudsman position Olds

22. Doris Fine, President, Suzanne Adams, Housing Study Chair, League of Women Voters, regarding proposed development at 2161 Allston Way

23. Bill Clinton, President, expressing thanks for Berkeley’s support.

24. 127 identical letters regarding Lower Harrison playing fields from the following:

John C. Wadman; Robert L. Bruce; Jim Carrigan; James. E. Marrose; Stanley J. and Constance B. Olson; Mark Stillman; June Marco; Katherine Keunst and N. Fulton; Daniel Chambers; Nancy and Robert Knop Jr.; Alyson G.; Robert Baldwin Jr.; Tim Specht; Tom Wegner; Jeffrey Rath; Melissa Moss; Stan Boghosian; Vonda L. Sloderbeck; Helen and Ken Rubardt; Virginia W. Havens; Jim Schaal; Susan J. Stangeland; John T. Norgaard; Boyard Rowe; Janet Gear; Anne Rowe; Adeline Baldwin; Carol L. Suine; Ralph Wilber; Chinh Nguyen; Helen Galloway; Gretchen Carlson; Mayra R. Gallegos; Douglas S. Carver; Shanel Rey; Barbara Grady; Charles J. Blue, Jr.; Anne Carol Dudley; Jim Latimer; Kristen Hohler; Jonell Lucas; J. S. Alongi; Mary Ellis Adams, David and John; Charles M. Taylor; J. Selway; Ann Simms; Phyllis Hollett; Lisa Whitman; Shirley and Caleb Case; Kathy Helliesen; Chris Lee; Elizabeth Arden Russell; Barbara Morse; Robert Russell; Sam Angus; Mitchell Tobias; Sahir and John McAfee; Chelsea DeYoe; Ken and Linda Koretz; Betty and John Austin; Bob and Dottie Scanlon; Janet Eadie; Patricia E. Benny; Patricia E. deJong; D. M. Stein; Paul Bailey; Kathy Fulton; Karyn and Neil Suiter; Stephen DeJong; Helen F. Chapman; Paul Chapman; Alice W. Clark; Nan Joesten; Roger Bash; Sarah E. Pettus; John M. Rasselman; Sharon Mathews; J. M. Spitze; Sarah Conning; Phil Adams; Abigail Atkins; Joan Stair; Bill Coffin; Bob Helliesen; Dan Apra; Joy Palmerlee Apra; Diane Graham; Julie Christi; Diedra D. Jan; Lee Donaghey; Barbara Griggs; Charles J. Collins; Laurie Manning; Holly Coates-Bash; Paul Hoy; Evelyn Bingham Goodman; Kellie Stoddardt; Mark deMaria; Judith Norberg; Karen Vuto; Nanette Sand; Virginia Schoener; Drew Cannon; Joyce and Bob Baldwin; Phil Porter; Andrew Niedzwiecki; John Stanford; Maxine Greer; Shelly Sturtevant; Carmelle Knudsen; Mindy Fischer; An Nguyen; Jim Starr; Margie Coates; Natalie West; Amy K. Clark; H. Nguyen; Alison Beck; Christine M. Trost; Margaret and Nathaniel Arighi; Pamela Winthers; Nannete Jansen; Terry Jackson; Carol Wolfley; Louises Specht and Gregory Specht; K. J. Delft; E. A. Bereres; Susan Dudley-Anderson and Evan Turley-Anderson. Breland re: Congregational Church letters.

25. Robert Lederman, President of A.R.T.I.S.T.,, regarding shooting an unarmed man, Giuliani portraits, 3/26/99 NY Times Editorial, disobedience training, the worst element in society and Adolf Giuliani.

26. Toni Loveland, Chair, Northern Alameda County Group, San Francisco Bay Chapter, Sierra Club, regarding waterfront planning. Spring, Worthington, Olds, Dean

27. Carrie Sprague, regarding truck traffic. Maio, Spring

28. P.A. Vasquez, Fabuloso, regarding deterioration of Telegraph Avenue. Armstrong, Dean, Worthington

29. Chameli O’Neal, Little Friends Family Day Care, regarding Becky Temko Tot Lot Park. Olds

30. David Fisher, regarding tree protection. Maio, Spring

31. Daniel Rossi, regarding Dwight/Sacramento Apartments.

32. Stephen Rosenbaum, Berkeley Arts Magnet School, regarding invitation to Poetry Garden and Youth Arts Festival.

33. Robert Byrd, regarding gun show signs along Ashby Avenue. Maio, Olds, Woolley, Dean

34. Denisha M. DeLane, regarding Berkeley NAACP Youth Council "Day of Nonviolence" March. Breland

35. Frances Hillyard, regarding justice in the case of Mumia Abu-Jamal.

36. John Vance, A First Amendment Center, regarding dirty deeds from the Big Apple, the worst element in society, and Police State.

37. David Bard, President, Downtown Berkeley Association, regarding 2161 Allston Way project.

38. Two identical postcards regarding library funding from Frances Dede Dewey Consummer, Odette Meyers, and E & G Ralph.

39. Richard Register, EcoCity Buildings, regarding Eco-Zoning Code.

40. Michael Fajans, Congregation Beth El, regarding creek restoration.

41. Gilles Corcos, Vice President and Board Chairman, DiCon Fiberoptics, Inc., regarding sidewalk repair. Breland, Maio, Dean

42. A.E. Fischer, regarding Center Street Garage parking receipts. Woolley, Olds, Maio, Dean

43. Rosalina A. White, Assistant Public Advisor, Public Utilities Commission, regarding PG&E’s application to increase its rates.

44. Edward Denton, AIA, U.C. Vice Chancellor, Capital Projects, regarding Student Education Garden on Oxford Tract.

45. Myra Orta, Los Altos, regarding leaf blower Bills before the State legislature. Armstrong, Olds, Maio, Dean

46. Linda Rosen, regarding Berkeley Historical Society.

47. Hank Resnik, President, Bike For A Better City, regarding support for project at 2161 Allston Way.

48. University of California, Office of the Chancellor, regarding procedures for handling civilian complaints against UC Police Officers.

49. William Caldeira, regarding City Clerk’s Office and Mayor’s Office.

Adjournment

Moved, seconded, carried (Armstrong/Worthington) to suspend Council rules to complete specific agenda items.

The meeting adjourned at 1:02 a.m.


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