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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, APRIL 27, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:00 p.m. - Councilmember Shirek absent.

Ceremonial Matters:.

a. Proclamation: Cinco de Mayo Day
Action:
Presented proclamation

b. Berkeley High Jazz Band

Action: Presented $1,000 check

Comments From The City Manager:

a. On Sunday, May 2nd, Cinco de Mayo will be celebrated in the Civic Center Park

b. On Sunday, May 2nd, the 4th Street Jazz Band will be performing

c. On Sunday, May 2nd, the World Music Festival will be performing on Telegraph Avenue

d. Christmas in April was successful and many police personnel volunteered their time

e.      Rhino parking meters have been delivered to the Corp. yard and will soon be installed on Center            Street between Shattuck and Oxford.

Comments From The Public: 13 speakers.

Consent Calendar

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

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

Action: Adopted Resolution No. 59,990-N.S.

2. Ordinances for Second Reading:
a)
Amending Section 1 of Ordinance No. 6321- N.S., declaring a moratorium on the removal of Coast Live Oak Trees, to allow the one-time removal of four young coast live oaks for the purpose of restoring or maintaining public view corridors at the Berkeley Rose Garden. (Ayes - unanimous; absent - none)
Action:
Adopted second reading of Ordinance No. 6484-N.S. In effect: May 27, 1999.

3. Contract Amendment: Community Agency Emergency Shelter Grant Funds
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the Emergency Shelter Grant (ESG) contract with Building Opportunities For Self-Sufficiency (BOSS) for Harrison House Rehabilitation by extending the term to June 30, 2000.
Contact: Stephen Barton, Housing, 644-6001

Action: Adopted Resolution No. 59,991-N.S.

4. Clean Storm Water Fees
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 59,020-N.S. to clarify that the clean stormwater fee rate does not terminate by its own terms as of June 30, 1999, and to mandate continuance of the City's current practice of funding the low-income exemption with the General Fund.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506; Manuela Albuquerque, City Attorney, 644-6380

Action: Adopted Resolution No. 59,992-N.S.

5. Arlington Avenue Street Lighting Assessment District
From: City Manager
Recommendation:
Adopt two Resolutions: 1) declaring intent to establish the Arlington Avenue Street Light Upgrading Assessment District 1999-1, approving the preliminary Engineer’s report for the District, authorizing the mailing of ballots to property owners affected by the proposed formation of the District, and scheduling a public hearing on June 15, 1999 at which time the ballots for the proposed Arlington Avenue Street Lighting Assessment District will be tabulated; and 2) authorizing the City Manager to cast an assessment ballot in favor of the proposed District.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Action: Adopted Resolution No. 59,993-N.S. and Resolution No. 59,994-N.S.

6. Appoint John Heindel as Consulting Engineer for Levy of Street Lighting Assessment District
From: City Manager
Recommendation:
Adopt a Resolution appointing John H. Heindel, Consulting Civil Engineer for assistance in the preparation and filing of a report for levy of annual assessments for Berkeley Street Lighting Assessment District No. 1982-1
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,995-N.S.

7. Contract: Underground Cistern at Cragmont School
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Dames & Moore to provide engineering services, plans and specifications, and construction support design of a reinforced concrete underground cistern at Cragmont School in an amount not to exceed $60,000 for the period October 30, 1998 to June 30, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Removed from Consent Calendar by the City Manager. Moved, seconded, carried (Olds/Worthington; Absent – Shirek) to adopt Resolution No. 59,996-N.S.

8. Contract Amendment: Seismic Upgrade of Fire Stations
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with West Bay Builders for Seismic Upgrade of Fire Stations 1 (2442 8th Street), 3 (2710 Russell Street), 4 (1900 Marin Avenue), and 6 (999 Cedar Street), by increasing the amount $200,000 for a total not to exceed $3,136,345.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 59,997-N.S.

9. Contracts: HUD Shelter Plus Care/AIDS Supportive Housing
From: City Manager
Recommendation:
Adopt three Resolutions authorizing the City Manager to: 1) execute a revenue agreement with Alameda County Housing and Community Development for a Federal Department of Housing and Urban Development Supportive Housing Shelter Plus Care Grant in the amount of $635,889 for homeless individuals and families disabled by HIV and/or AIDS for the period August 1, 1997 through January 30, 2003; 2) execute an amendment to the Memorandum of Understanding with the Berkeley Housing Authority for purposes of implementing the rental subsidy provisions of this Grant; and 3) execute a contract with New Directions in the amount of $25,435 to provide HIV/AIDS services to homeless individuals and families, for the period January 1, 1999 through January 30, 2003.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 59,998-N.S., Resolution No. 59,999-N.S. and Resolution No. 60,000-N.S.

10. Grant Application: Bicycle Projects
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit a grant application to the Metropolitan Transportation Commission (MTC) for $136,000 Transportation Development Act funds for three bicycle projects in Fiscal Year 1999-2000: 1) Bicycle Safety Education, 2) Ohlone Trail Improvements, and 3) Bike Parking in Commercial Areas; and authorizing the City Manager to execute any resultant agreement and amendments.
Contact: Liz Epstein, Planning and Development, 705-8105
a. Transportation Commission Information Report
Contact: Nathan Landau, Secretary, 705-8136
Action: Adopted Resolution No. 60,001-N.S.

11. Referral to Budget Process: Senior Home - Improvement Grant Program
From: Councilmember Breland
Recommendation:
Refer to the budget process implementation of a Senior Home Improvement Grant Program in Berkeley.
Contact: Margaret Breland, Councilmember District 2, 644-6400
Action: Removed from Consent Calendar by Mayor Dean and held over to May 11, 1999.

12. Civic Center Building Addition
From: Councilmember Spring
Recommendation:
Request the City Manager report back regarding the feasibility of financing options for an addition to the west side Civic Center Building including underground parking, to be financed with the City's outside leases/properties that presently house for City staff.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Revised by Councilmember Spring as shown above. Removed from Consent Calendar by Councilmember Olds and held over to May 11, 1999.

13. Traffic Ordinance Amendment
From: Councilmember Spring
Recommendation:
Refer the attached Ordinance language to the City Manager.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation. (Abstain: Woolley)

14. Street Design Guidelines
From: Mayor Dean
Recommendation:
1) Refer to staff, Planning Commission, Transportation Commission, and Public Works Commission, the publication Street Design Guidelines for Healthy Neighborhoods, by Dan Burden and published by the Center for Livable Communities, January 1999; 2) throughout the entire process of consideration of this referral, residents and neighborhood groups are to be consulted; 3) request staff, residents and commission members consider adopting all or part of the guidelines as policies which will guide the City in future actions; and 4) status reports be provided to Council every six months until final recommendations are made for or against the adoption of these policies and returned to Council for action.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Revised by Mayor Dean as shown above. Removed from Consent Calendar by Councilmember Spring and held over to May 11, 1999.

15. Join Other Cities in Suits Against Gun Manufacturers
From: Mayor Dean
Recommendation:
Request the City Attorney to evaluate joining with other cities in joining in a lawsuit against gun manufacturers and report back as soon as possible.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

Action: Approved recommendation.

16. Support AB 1363 and SB 566: Funding for School-Based Health Clinics
From: Mayor Dean
Recommendation:
Support AB 1363 and SB 566, which will provide a more stable funding base for school-based health clinics, and notify Assemblymember Davis and Senator Escutia, Sacramento Representatives, and the City's lobbyist of Berkeley's support.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Approved recommendation.

17. Support AB 1592 - Physician Assisted Suicide
From: Councilmember Armstrong
Recommendation:
Support AB 1592, the Physician Assisted Suicide Bill currently being considered in the California State Assembly.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: Removed from Consent Calendar by Councilmember Breland. Moved, seconded, carried (Spring/Woolley; Noes – Armstrong; Abstain – Maio, Olds; Absent - Shirek) to oppose AB 1592 and inform State legislators and the City’s lobbyist.

18. Referral to Budget Process: Housing Trust Fund Allocation
From: Councilmembers Worthington, Breland, Shirek, Spring
Recommendation:
Refer $1,000,000 to the budget process for allocation to the Housing Trust Fund from the General Fund.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400; Maudelle Shirek, Councilmember District 3, 644-6243; Dona Spring, Councilmember District 4, 644-6266
Action: Removed from Consent Calendar by Councilmember Olds and held over to May 11, 1999.

19. Referral to Budget Process: South Shattuck Plan
From: Councilmember Worthington and Vice Mayor Shirek
Recommendation:
Refer $60,000 to the budget process for implementation of South Shattuck Plan.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Maudelle Shirek, Councilmember District 3, 644-6243

Action: Approved recommendation.

20. Roundabouts
From: Councilmember Worthington
Recommendation:
Request the City Manager and Traffic Engineer report back at the next Council meeting regarding implementation of two roundabouts funded in current year budget on Ellsworth at Stuart and Parker.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation for a report back in May 1999.

21. Sather Gate Garage
From: Councilmember Worthington
Recommendation:
Request the City Manager report back at the next Council meeting regarding the following information about Sather Gate Garage: 1) installation of elevators, 2) leasing, 3) re-tenanting, 4) installation of signage, 5) feasibility and cost for new revenue system.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation for a report back in May 1999.

22. Apology to Patty Hearst, Etc. (oral report)
Recommendation: 1) That the City of Berkeley issue a formal apology to Patty Hearst for her abduction in Berkeley 25 years ago and declare her former residence a City landmark structure and place a statue of the famous "Tanya" pose (with a gun ) on the waterfront and etc.; or 2) Refer this important issue to the Mock City Council on May 4th.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Removed from Consent Calendar by Councilmember Armstrong. Moved, seconded, carried (Worthington/Maio; Noes – Olds, Dean; Absent – Armstrong, Shirek) to approve referring matter to the Mock City Council.

23. Proclamation in Honor of Mrs. Mable Peoples
From: Councilmember Maio and Breland
Recommendation:
Approve a proclamation honoring Mrs. Mable Peoples of the Liberty Hill Missionary Baptist Church for her numerous contributions to the community.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember District 2, 644-6400
Action: Approved recommendation.

24. Support SB 78: "Driving While Black/Brown"
From: Police Review Commission
Recommendation:
Support Senate Bill 78 which would provide a statistical basis to explain who is stopped by law enforcement officers and why, and send a letter to Senator Murray expressing Berkeley’s support of the Bill.
Contact: Barbara Attard, Secretary, 644-6716
a. City Manager Report
Recommendation:
Concurs with content and recommendations of the Commission.
Contact: James Keene, City Manager, 644-6580
Action: Approved recommendation.

25. Hague Appeal for Peace Conference
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution amending Resolution No. 59,803-N.S. designating Alan Moore as the City's delegate for the presentation of the World Peace Candle at the Hague Appeal for Peace Conference in the Netherlands on May 11-15, 1999.
Contact: Manuel Hector, Secretary, 644-6469
a. City Manager Report
Recommendation:
The City Manager takes no position on this subject.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 69,002-N.S. (Abstain – Armstrong; Absent - Shirek)

Presentations

26. Domestic Violence in Berkeley (CR 99-33)
From: City Manager Information Report
Contact: Dash Butler, Police, 644-6568
Action: Presentation heard. Moved, seconded, carried (Spring/Worthington; Absent – Shirek) to refer additional funding requests to the budget process.

27. Measure B Reauthorization by Alameda County Transportation Authority
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Presentation heard.

Action Calendar

Old Business:

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

28. Endorse Bay Area Transportation and Land Use Coalition (BATLUC) (removed from Consent by the City Manager and held over from April 13 meeting)
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
a. City Manager Report
Recommendation:
Endorse the underlying policy objectives, rather than the specific funding recommendations of the Bay Area Transportation and Land Use Coalition proposal for Measure B funding.
Contact: Liz Epstein, Planning and Development, 705-8105

b. City Manager Report Regarding Transportation Forum for Elected Officials (to be delivered)
Recommendation:
Review Berkeley's State legislative transportation priorities, activities for which State funding and support are necessary.
Contact: Liz Epstein, Planning and Development, 705-8105

Actions: Moved, seconded, failed (Olds/Woolley; Abstain – Breland, Spring, Worthington; Absent – Armstrong, Shirek) to approve the City Manager’s recommendation.

Moved, seconded, carried (Spring/Breland; Noes – Olds; Abstain – Woolley; Absent – Armstrong, Shirek) to approve Councilmembers Worthington, Breland, Maio and Vice Mayor Shirek’s recommendation.

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

Action: Held over to May 11, 1999.

30. Approval of Council Minutes
From: City Manager
Recommendation:
Clarify action taken on minutes for the regular meeting of March 16, 1999, Item 31, and amend if necessary to adopt a resolution before approval.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Held over to May 11, 1999.

31. Decision Regarding Extending Residential Permit Parking (see agenda packet of April 20, 1999 for written material)
From: City Manager
Recommendation:
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking on McGee Avenue on the east side between Bancroft Way and Channing Way; Milvia Street on the west side between Parker and Carleton; Virginia Street on both sides between McGee Avenue and California Street; Acton Street on the east side between Cedar Street and Keoncrest Drive; and Acton Street on the west side between Cedar Street and Tomlee Drive.

Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
a. City Manager Supplemental Report dated April 27, 1999* (oral report)
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
b. Communications dated April 20, 1999:

1. Petition signed by six residents of McGee Avenue
2. Colleen Mahoney
Contact: Sherry M. Kelly, City Clerk, 644-6480

Action: Held over to May 11, 1999.

32. Decision Regarding an Amendment to Bayer Development Agreement and Adoption of Mitigated Negative Declaration (see agenda packet of April 20, 1999 for other written material)
a. City Manager Report dated April 27, 1999 *
Recommendation:
Approve certification of a Mitigated Negative Declaration based on findings in Exhibit 11 of the "First Amendment to the Development Agreement between the City of Berkeley and the Bayer Corporation (formerly Miles, Inc.)" and adopt first reading of an Ordinance authorizing the City Manager to execute the First Major Amendment.
Contact: Liz Epstein, Planning and Development, 705-8105
b. Communication dated April 20, 1999
1. Bob Howard

Actions: Moved, seconded, carried (Maio/Armstrong; Noes – Worthington; Abstain – Spring; Absent – Shirek, Woolley) to adopt Resolution No. 60,003-N.S. certifying the mitigated negative declaration.

Moved, seconded, carried (Maio/Breland; Absent – Shirek, Woolley) to add amendments proposed by Councilmember Spring to the Development Agreement.

Moved, seconded, failed (Spring/Worthington; Noes – Olds, Dean; Abstain – Armstrong, Breland, Maio; Absent – Shirek, Woolley) to add an amendment proposed by Councilmember Spring to the Development Agreement to approve the Planning Commission’s recommendation for Bayer to increase the subsidy to their employees who take public transit another $10 per month and that this cost be subsidized by Bayer requiring those who drive single occupancy vehicles to work to pay for their parking permits which are currently free.

Moved, seconded, carried (Breland/Maio; Noes – Worthington; Absent – Woolley, Shirek) to adopt first reading of Ordinance amending the Development Agreement as recommended by the City Manager and to include amendments proposed by Councilmember Spring to 1) reallocate $50,000 from the arts contingency fund (of 1% of the construction fund) to fund alternatives to animal research to be administered by the Humane Commission according to current development guidelines; 2) require that workshops with the Humane Commission regarding the use of animals at Bayer occur every two instead of three years; 3) have Bayer agree to make every effort to reduce the number of animals used in painful research and improve the quality of life of the animals used; and to amend Exhibit 10 wording as follows "The City will provide to Bayer documentation of the following by …..". Second reading scheduled for May 11, 1999.

33. Decision Regarding Zoning Appeal of Use Permit 98-20000248– 1812 Rose Street (see agenda packet of April 20, 1999 for written material)
a. City Manager Report dated April 20, 1999
Recommendation:
Adopt a Resolution reversing the decision of the Zoning Adjustments Board denying a Use Permit to Jerome McShane, applicant, for construction of a major residential addition and extension of an existing non-conforming front yard encroachment of 12-feet 6-inches where 20 feet is required at 1812 Rose Street.
Contact: Liz Epstein, Planning and Development, 705-8105
b. City Manager Report dated March 9, 1999
Recommendation:
Schedule the matter for a public hearing.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communications from March 9, 1999:
        1. Peter Wolfgang Behn, AIA, Architect and Jerome McShane, applicant

        2. Jerome T. McShane

d.     Communications for April 20, 1999:

        1.  Jerome T. McShane

        2.  Miles Karpilow

        3. Evan and Christy McDonald

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

Action: Moved, seconded, carried (Maio/Woolley; Abstain – Breland, Spring; Dean; Absent - Shirek) to adopt Resolution No. 60,004-N.S. reversing the decision of the Zoning Adjustments Board and approving the Use Permit with findings and conditions including an additional condition that a fence be extended on the east property line and be landscaped.

34. Decision Regarding Zoning Adjustments Board (ZAB) and Landmarks Preservation Commission (LPC) Appeals of 1730 La Loma Avenue (see agenda packet of April 20, 1999 for written material)
a. City Manager Report dated April 20, 1999

Recommendation: Adopt three Resolutions as follows: 1) Adopt one Resolution approving Use Permit #98-10000058 to construct a roof deck and rooftop walkway at 1730 La Loma Avenue, modification of Finding #2 and elimination of Condition #1 (to eliminate the need for LPC review) and the addition of two conditions to ensure safety and lack of nuisance problems as follows: a) verified complaints shall be cause for ZAB to review the project in six months, and b) the deck shall not be used after 10 p.m. or before 8 a.m. by anyone; and 2) Adopt two Resolutions affirming the LPC decisions designating 1730 La Loma avenue as a landmark, and overturning the LPC decision to deny the alternation permit to construct a roof deck and rooftop walkway.

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

b. One Zoning Adjustments Board Appeal filed by Daniella Thompson and James Sharp, of the Zoning Adjustments Board decision approving Use Permit 98-10000058 to modify a building of non-conforming height (four stories where a maximum of three is permitted) to construct a deck and roof top walkway at the fifth floor level for the property located at 1730 La Loma Avenue.
Contact: Sherry M. Kelly, City Clerk, 644-6480
c. Two Landmark Commission Appeals filed by Alexander Gross and a petition containing 92 signatures from the decisions of the Landmarks Preservation Commission’s designation of 1730 La Loma Avenue (Kingman Hall, Toad Hall, Abracadabra Fraternity, Theta Xi Fraternity House, the Living Love Center): 1) as a Berkeley landmark; and 2) denial of a roof deck permit.
Contact: Sherry M. Kelly, City Clerk, 644-6480
d. City Manager Reports dated March 16, 1999
e. City Manager Reports dated March 9, 1999
f. City Manager Report dated December 8, 1998
g. Communications dated March 9, 1999 from:

        1.  Sean Lightholder, House Manager, Kingman Hall

        2. Daniella Thompson and Jim Sharp

        3. Stephen Yeh, Kingman Hall

h. Communications dated March 16, 1999 from:
1. Anne Marselis, Secretary, St. John’s Neighbors
2. James M. Sharp and Daniella Thompson

i. Communications dated April 20, 1999 from:
1. Jim Sharp and Daniella Thompson
2. Anne Marselis, Saint John’s Neighbors
3. Doris E. Willingham
4. Carl Wikander, Pres., Berkeley Architectural Heritage Assn.
5. Joel ben Izzy
6. Nicholas Burgoyne
7. Nancy Holland

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

Actions: Moved, seconded, carried (Spring/Maio; Noes – Olds, Woolley, Dean; Absent - Shirek) to adopt Resolution No. 60,005-N.S. upholding the decision of the Zoning Adjustments Board (ZAB) to approve the Use Permit to construct a roof deck and rooftop walkway including the Board’s findings and with additional conditions: 1) no music on roof deck except what is audible to the user through headphones; 2) it is a violation of the use permit if anything is thrown off the roof deck; 3) it will be a condition of the co-op contract with each student that violation of use permit conditions will be grounds for eviction; 4) conditions will reaffirm that fireworks are illegal and in violation of the use permit; 5) the General Manager of the student co-op shall post use permit conditions annually within a one block radius and that this posting will contain his beeper number and the phone number of a City employee for complaints; and 6) the deck shall not be used after 9 p.m. or before 10 a.m.

Moved, seconded, carried (Worthington/Maio; Absent - Shirek) to adopt Resolution No. 60,006-N.S. affirming the decision of the Landmarks Preservation Commission designating Kingman Hall at 1730 La Loma Avenue as a Berkeley landmark.

Moved, seconded, carried (Spring/Maio; Noes – Olds, Woolley, Dean; Absent - Shirek) to adopt Resolution No. 60,007-N.S. reversing the decision of the Landmarks Preservation Commission which denied an alteration permit to construct a roof deck and rooftop walkway at 1730 La Loma Avenue and upholding the appeal.

35. Location of Public Restrooms in Civic Center Area (Moved to Action by Councilmember Spring and held over from April 13 meeting)
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
a. Councilmember Spring Report dated April 27, 1999
Recommendation:
Restore the $150,000 from the Measure S funds for the express purpose of providing restrooms in the Downtown Area.
Contact: Dona Spring, Councilmember District 4, 644-6266
b. City Manager Supplemental Report dated April 27, 1999 (to be delivered)
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Held over to May 11, 1999.

36. Funding for Berkeley Free Folk Festival (removed from Consent by Councilmember Worthington and held over from April 13 meeting)
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: Moved to Consent Calendar by Councilmember Spring. Approved recommendation.

37. Student Housing (removed from Consent by Councilmember Worthington and held over from April 13 meeting) (oral report)
Recommendation: That Council consider the addition of student housing as one of the top priorities in the Fiscal Year 1999-2000 Work Plan.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Held over to May 11, 1999.

38. Budget Referral: Crisis in Section 8 Housing (removed from Consent by Councilmember Olds and held over from April 20 meeting)
From: Councilmember Spring
Recommendation:
Refer a request for $30,000 to the budget process to deal with the crisis in Section 8 housing.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Held over to May 11, 1999.

39. Establish Subcommittee of Council, School Board, and Landmarks Commission (removed from Consent by Councilmember Maio and held over from April 20 meeting)
From: Councilmember Spring
Recommendation:
Support the unanimous recommendations from the Landmarks Commission to establish a subcommittee of the Council, School Board and Landmarks Commission to resolve issues with the design of the proposed Berkeley Unified School District (BUSD) sports complex building at Allston, Milvia and Bancroft.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Held over to May 11, 1999.

40. Retaining Services of Pedal Express (removed from Consent by Councilmember Spring and held over from April 20 meeting)
From: Councilmember Spring
Recommendation:
Renew the contracts with Pedal Express to retain their current services and delivery of some of the City’s mail service, and direct the City Manager and unions to recommend another solution for a displaced City employee.
Contact: Dona Spring, Councilmember District 4, 644-6266

a.   City Manager Report (oral report)

Contact: Fran David, Finance
Action: Moved, seconded, carried (Spring/Armstrong; Absent - Shirek) the recommendation amended to: 1) retain the current services of Pedal Express for delivery of City mail at the existing annual funding level as this year or more; 2) direct the City Manager to work with Pedal Express on proposed services and schedule and come back to the Council if there are problems; and 3) refer to the City Manager issues raised regarding food service at the senior centers and to ask him to consider having the displaced employee either provide food service at the Senior Centers and/or look at the box lunch program at the jail as an option.

41. Funding: Portable Meals Program (held over from the April 13 meeting)
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 May 11, 1999.

42. Taxi Scrip Budget (held over from the April 13 meeting)
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 May 11, 1999.

New Business:

43. Fire and Life Safety Plans Examiner
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 59,883-N.S., classifications and salaries for SEIU Local 535 employees to establish the classification of Fire and Life Safety Plans Examiner with a monthly salary range of $4171 to $4950 effective May 1, 1999.
Contact: Ronald Brown, Personnel, 644-6951
Action: Held over to May 11, 1999.

44. Proposed Merger of Summit Hospital and Alta Bates Medical Center
From: Community Health Commission (to be delivered)
Recommendation:
That Council: 1) urge the Federal Trade Commission (FTC) to not approve the merger of Summit Hospital and Alta Bates Medical Center and urge the State Attorney General (AG) to oppose the merger until the City Council, the Community Health Commission and Berkeley residents have had the opportunity to review and assess merger details and the financial records of Alta Bates, Sutter Health and Summit; 2) urge the FTC and AG to approve the merger only with conditions as described in the report; and 3) urge other local governing bodies to take similar action.
Contact: Verdie Thompson, Secretary, 644-6459
a. City Manager Report (to be delivered)
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services, 644-6459

Actions: Moved, seconded, failed (Worthington/Breland; Abstain – Armstrong, Maio, Olds, Dean; Absent – Shirek) to approve Recommendation 1 and 2K of the Community Health Commission as written.

Moved, seconded, carried (Maio/Armstrong; Absent - Shirek) to adopt the Commission’s Recommendation 1 amended to read " urge the Federal Trade Commission (FTC) to not approve the merger and the State Attorney General (AG) to not conclude his investigation until the City Council, the Community Health Commission and the citizens of Berkeley have had the opportunity to acquire, review and assess merger details and the financial records of Alta Bates, Sutter Health and Summit and until the City Council makes a recommendation. Without full disclosure of these materials, it is impossible to evaluate the merger's impact on health care access in Berkeley and whether there are potential alternatives to the merger." and to approve the Commission’s Recommendation 2K to have the City cooperate with the City of Oakland and Alameda County on a task force to research and develop the best method to achieve meaningful effective and real community oversight of East Bay hospitals."

Moved, seconded, carried (Breland/Maio; Absent - Shirek) that in the event the FTC and AG take action and go ahead with the merger without the opportunity for the City of Berkeley to make a recommendation, that the City Council passes on conditions identified and approved by the Community Health Commission and urges the FTC and AG to consider Recommendations 2 and 3 made by the Commission as follows: 2 a) full disclosure by Alta Bates, Summit and Sutter Health of financial records and content of merger agreement; b) written guarantee of provision of charity care at 3% of revenue or greater; c) written guarantee of continuing support for community clinics and services; d) written guarantee that hospitals will maintain emergency, critical care, medical surgical, primary care and labor and delivery services at both campuses; e) all guarantees must be enforceable and of a specific duration; f) Board of Trustee meetings must be open to the public; g) make permanent the Local Member and provide for appointment of community members by City Council; h) provision of more information about what the $450 million from Sutter will fund in terms of capital and program improvements; I) written response from Sutter regarding City Manager's concerns about effect of merger on cost and quality of health care services for City employees; j) guarantee that the hospitals will not focus on tertiary care services at the expense of primary and secondary care; and 3a) establishment of mechanism for some members of governing board to be appointed by City Council; written guarantee that governing board will remain independent of any other hospital or Sutter Board; b) establishment of an independent hospital oversight board; c) establishment of quality control board for both hospitals, staffed by nurses; d) establishment by Sutter of 24-hour urgent care center within half-mile of UC Berkeley campus; e) written guarantees and/or public oversight of nurse staffing ratios; f) written guarantee from Sutter that it will continue to accept all (major) kinds of insurance; and g) commitment from Sutter to work towards universal health coverage for all residents of affected communities.

Moved, seconded, carried (Spring/Maio; Abstain- Olds, Absent - Shirek) to adopt the Commission’s Recommendation 4 that the City Council urge that similar action on the merger be taken by the City Councils of Albany, Oakland, Piedmont, Emeryville and El Cerrito; by the Board of Supervisors of Alameda and Contra Costa Counties; and by the supervisory body for Kensington.

Information Reports

45. Investment Report for March 1999
From: City Manager
Contact: Frances David, Finance, 644-6476

Action: Received and filed.

46. Downtown Fast Food Moratorium Update (CR 99-28)
From: City Manager
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Received and filed.

47. Update on Library Board Funding Decision (to be delivered)
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
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.

Page No.

1. Joan Torykian, regarding permit violations and hazards on the 1800 block of Euclid Avenue. Dean

2. Christa Hill, Executive Director, Christmas in April, regarding the Ninth Annual Christmas in April: Safe Home Project for low-income elderly and disabled residents. Breland

3. Robert Berdahl, Chancellor, University of California, Berkeley, regarding a Center for Sustainable Urban Agriculture and Food Systems at the University of California Gill Track in Albany.

4. Chris Chan, Environmental Engineer, Pacific Steel Casting Company, regarding technical information on waste sand recycled on-site. Breland

5. Patrick Kennedy, transmitting Sierra Business Council publication regarding national real estate investment advice for 1999. Breland

6. Joseph Garrett, regarding student housing at People's Park.

7. Bill Roller, President, Berkeley Group Therapy Education Foundation, regarding patients' rights in the managed care/corporate environment.

8. F.R. Hoveland, regarding stopping Alta Bates merger and support HIV research. Breland

9. George Kauffman, regarding withdrawing from the human race.

10. Merlin Edward, External Affairs Director, Pacific Bell, regarding a request to the California Public Utilities Commission (PUC) to increase the price for directory assistance - 411 service.

11. Mletwin, regarding Mass Diallo Protest: NYC Thurs.

12. Francine, regarding KPFA.

13. Julia Sommer, regarding potholes in the street. Dean

14. Thomas E. Ho'okano, Legal Counsel for Advocates for Development and Preservation Together, regarding Berkeley's historical architectural review process. Armstrong, Olds, Spring

15. Joy Vronsky, regarding parking tickets. Dean, Woolley

16. Regarding food service establishments on University and Downtown: Spring
a) Rachel Rupert, Chief Executive Officer, Chamber of Commerce
b) John H. DeClercq, Senior Vice President, TransAction Companies, Ltd. Spring

17. Carmia Caesar, Co-Director, Berkeley Village Educational Project, transmitting letters in support of funding the Berkeley Village Educational Project.John Vance, Coordinator, First Amendment Center, regarding first amendment rights, free speech group zings Mayor-NY Newsday, and cops obstruct April 24 Mumia March. Breland

18. Robert Lederman, regarding Giuliani attacks the Giuliani-as-Hiltler Signs.

19. Regarding Pedal Express:
a) Francis Many
b) Hank Resnik, President, Bicycle-Friendly Berkeley Coalition
c) Josephine Arasteh
d) Jonathon Kass
e) J. Kirk Thompson

f) Larry Chinn
g) Malcolm Margolin, Publisher, Heyday Books
h) Gregory Sutter
I) Christopher Duran
j) Chuck Siegel
k)Caroline Bishop
l) Chris Nathan Burbridge
m)Philip Morton
n) Marcello Lanfranchi

Adjournment

Meeting adjourned at 12:50 a.m. in memory of County Juvenile Judge Wilmont Sweeney who was a former Berkeley City Councilmember.


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