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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, JUNE 8, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:07 p.m. All present.

Ceremonial Matters:

a. Commission on Status of Women Bookmarks Contest Awards
Action:
Presented awards.

b. Proclamation: Affordable Housing Week - June 6 - 12, 1999
Action:
Presented proclamation.

Comments from the City Manager:

a. Alameda County Supervisor Keith Carson presented a status report on the Berkeley Court House project.
b. June 12, 1999 at 10:00 a.m. there will be a public workshop on the Southside Plan at 2222 Bancroft Way.
c. June 12, 1999 there will be a multi-jurisdictional wildland fire simulation in Tilden Park.

Comments from the Public: Ten speakers.

Youth Forum: No speakers.

Consent Calendar

Action: Moved, seconded, carried (Armstrong/Worthington) to adopt the Consent Calendar 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. 60,049-N.S.

2. Ordinance for Second Reading
a. Amending
Berkeley Municipal Code (BMC) Section 6.14.010, Definitions, to include functional art within the definition of visual art in public places. (Vote: Ayes - unanimous; Absent - none)
Action: Adopted second reading of Ordinance No. 6487-N.S. Effective: July 8, 1999.

3. Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for Council meetings of: a) May 11, 1999 (closed); b) May 11, 1999 (regular); c) May 18, 1999 (regular); d) May 20, 1999 (special); e) May 24 (closed); and f) May 25 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Approved minutes.

4. Memorandum of Understanding with Public Employees Union Local 1
From: City Manager
Recommendation:
Adopt two Resolutions: 1) approving a four year Memorandum of Understanding (MOU) agreement with Public Employees Union Local 1 for the period June 28, 1999 through July 6, 2002; authorizing the City Manager to execute and implement the agreement including first year cost-of-living and certain other adjustments to benefits retroactive to June 28, 1998 and other dates named in the agreement; and 2) approving a Salary Resolution for Representation Units M, P-1 and P-2 which implements new salary levels negotiated in the agreement and rescinding Resolution No. 59,638-N.S.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,050-N.S. and Resolution No. 60,051-N.S.

5. Contract Amendment: Bond Counsel Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract amendment with Brown and Wood for Bond Counsel services in conjunction with financial- related issues by extending the period through December 31, 1999.
Contact: Frances David, Finance, 644-6476
Action: Adopted Resolution No. 60,052-N.S.

6. General Obligation Bonds, Series C (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the issuance of 1999 General Obligation Bonds (Election of 1996, Series C) in an amount not to exceed $14,000,000; approving a form of official notice of sale of bonds and notice of intention to sell bonds; authorizing an official statement and execution of necessary documents.
Contact: Frances David, Finance, 644-6476
Action: Adopted Resolution No. 60,053-N.S.

7. Water Use License: Aquatic Park Lake
From: City Manager
Recommendation:
Adopt a Resolution approving an application from the Berkeley Waterski Club for a water use license to exclusively use a portion of Aquatic Park Lake from May 1, 1999 through September 30, 1999, subject to the fee, terms, and conditions included in the license.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 60,054-N.S.

8. Fire Prevention Penalties (CR 99-40)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution 53,218-N.S., Inspection and Billing Rate for Inspection of Property Sites, to reduce the delinquency charge.
Contact: Reginald Garcia, Fire, 644-6665
Action: Adopted Resolution No. 60,055-N.S.

9. Grant Application: Paratransit Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the submission of a grant application to the Alameda County Board of Supervisors for an allocation of Measure B funds in the amount of $150,870 for the Fiscal Year 2000 Paratransit Program; and authorizing the City Manager to execute agreements and any amendments with local service providers (Taxi and Van Companies) to provide paratransit services for senior and disabled Berkeley residents.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 60,056-N.S.

10. Housing Trust Fund - Prince Arms Senior Housing Project
From: City Manager
Recommendation:
Adopt a Resolution reserving an additional $287,000 from FY 1998-99 Housing Trust Fund (HTF) monies for the Prince Hall Arms, a 37-unit senior project located at 3132-38 Martin Luther King Jr. Way, making the total HTF allocation of $1,650,000 subject to the following conditions: 1) All funds allocated for Project Administration, Construction Management, Soft Cost Contingency and Capital Operating Reserves are not disbursed until all construction is complete and paid for; 2) the City's Development Loan Agreement will be amended to increase the total loan amount to $1,650,000 and establish the other conditions. The City is to continue to receive 50% of all cash flow or annual payments with interest based on a 30-year amortization prior to any payments to the developer, investors, and other partners after the payment of all operating costs; 3) Developer to apply for an AHP grant if the Tax Credit Allocation Committee rules are changed and if granted, funds are to go to the City for repayment of this loan and other HTF loans on the project; 4) A clear agreement defining the residents' access to Masonic Lodge space and donating use of the multi-purpose room for
community uses for a reasonable percentage of the time; 5) The City Manager must approve all changes in the proposed project and find that they do not materially reduce the quality of the residential unit and related areas.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 60,057-N.S.

11. Contract: Deaf-Disability Services (CR 99-64)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Place for General Funds in the amount of $24,826 to provide deaf-disability services to poverty level Berkeley residents for Fiscal Year 2000 and Fiscal Year 2001, and authorizing a two-month advance payment.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 60,058-N.S.

12. Contract: Spiral Sidewalk Repair Project
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Fiscal Year 1998/99 Spiral Sidewalk Repair Project; accepting the bid of Berkeley Cement, Inc.; and authorizing the City Manager to execute a contract and any amendments, in an amount not to exceed $283,247, for the period June 14, 1999 to December 31, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Removed from the Consent Calendar by Councilmember Spring and held over to June 22, 1999.

13. Contract: Street Rehabilitation Phase II
From: City Manager
Recommendation:
Adopt a Resolution approving plans and specifications for the Street Rehabilitation 1998/99 Phase II Project; accepting the bid of Gallagher & Burk, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,270,131, for a period of 90 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Adopted Resolution No. 60,059-N.S.

14. Animal Shelter Staffing and Policy on Feral Cats
From: Council Taskforce on Animal Care and Control Policy
Recommendation:
1) Establish a policy that the Berkeley Animal Shelter accept feral kittens thereby reversing the policy that feral cats no longer be accepted by the Shelter; 2) establish a policy that Animal Shelter staff work closely with animal rescue groups to "rescue" feral cats when possible, subject to normal spay/neuter and other requirements; 1) Establish a policy that the Berkeley Animal Shelter accept feral kittens thereby reversing the policy that feral cats no longer be accepted by the Shelter; 2) establish a policy that Animal Shelter staff work closely with animal rescue groups to "rescue" feral cats when possible, subject to normal spay/neuter and other requirements; 1) refer to the City Manager and the current budget process the request for additional clerical staffing at the Shelter to which staff would assist with the recruitment and management of Shelter volunteers; 2)refer to the City Manager an emergency request for $15,000 to pay for the immediate purchase of additional cat cages to house the expected influx of cats, and 3) lobby appropriate parties in support of AB 1482 which proposes a
one-year delay in implementation of new animal care regulations mandated by the Hayden Bill.
Contact: Dona Spring, Councilmember District 4, 644-6266; Betty Olds, Councilmember District 6, 644-6399; Shirley Dean, Mayor, 644-6484
Action: Approved recommendation as revised.

15. Endorse AB 1482: Animal Control Services
From: Councilmember Spring
Recommendation:
Endorse AB 1482 to give a year's reprieve from Hayden SB 1785 to cities such as Berkeley which contract with other cities for animal control services and request the City Clerk write a letter to Senator Don Perata and Assemblymembers Aroner and Bock informing him them of the City's endorsement of AB 1482 and need for this legislation and asking for his their support for this measure in the State Senate and Assembly.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation as revised.

16. Expand Undergrounding of Utilities
From: Mayor Dean, and Councilmembers Olds and Armstrong
Recommendation:
1) Adopt a State of Intention to expand the undergrounding of Berkeley utilities; 2) Establish a Commission on Undergrounding Utilities with two members of the Fire Commission and two members of the Public Works Commission; 3) Refer to the City Manager the establishment of a revolving fund of approximately $250,000 to pay for up-front underground utility costs; 4) Request the new Commission establish a process for the establishment of new underground utility districts, starting with the designation of Rule 20B Districts, but also for after the moratorium expires on new Rule 20A Districts; 5) Request an opinion from the City Attorney as to the requirement for the percentage of participation in underground utility districts; 6) Refer to a working committee of the City Manager, and a Council sub-committee of the new Commission made up of Mayor Dean and Councilmembers Olds and Armstrong: a) the viability of pursuing the transfer of uncommitted Rule 20A funds from other communities to Berkeley, b) establishment of a program to increase the annual Rule 20A allocation to the City, c) investigation of cost reduction measures which include undergrounding utilities in sidewalks which are replaced with pavers as done in Europe, utilizing pad-mounted transformers above ground, special drilling technology and the like, d) pursuit of grants for the purpose of increasing underground utility districts, especially for increasing safety in the event of earthquake and fire, e) other related matters; and 7) Provide regular reports to the Council and seek Council approval on all matters requiring funding and policy decision.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399; Polly Armstrong, Councilmember District 8, 644-6401
Action: Removed from the Consent Calendar by Councilmember Maio and held over to June 22, 1999. Mayor Dean submitted a revised report.

17. Civic Center Area Parking
From: Mayor Dean
Recommendation:
1) Refer to the City Manager a proposal to call for a Request-For-Proposals that would result in a study of providing parking for the Civic Center area only; 2) that no sites which could serve the Civic Center area would be eliminated from the study; 3) that the study also include parking for on-duty users of the Public Safety Building; 4) that the School District and City enter into discussions to jointly fund such a study and process that could result from a Request-For-Proposals; 5) that the on-going discussion of this subject be referred to the Joint City-School District 2x2 Committee; 6) that whenever this subject is discussed by the 2x2 Committee, that Councilmember Spring, representatives of the Landmarks and Transportation Commissions, BAHA, and neighborhood representatives be noticed; and 7) that the City Manager report back as soon as possible for Council approval of any actions necessary to implement this item.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Removed from the Consent Calendar by Councilmember Spring and held over to June 22, 1999.

18. Support SB 57: Park Bonds
From: Mayor Dean and Councilmember Olds
Recommendation:
Support SB 57 which authorizes the Parks, Coastal, Recreational and Natural Resources Bond Act of 2000 for placement on the November 2000 ballot and would provide for major improvements to parks, wildlife areas, natural sites, and science and environmental education centers; urge that SB 57 and AB 18 be merged into one cohesive parks and recreation bond measure; and notify Assembly Members, Senators, and the City's lobbyist of Berkeley's position.
Contact: Barbara Gilbert, Mayor's Office, 644-6484; Susan Wengraf, Councilmember Olds' Office, 644-6399
Action: Approved recommendation.

19. State Tobacco Settlement Fund
From: Mayor Dean
Recommendation:
That the Governor and the Legislature commit the Tobacco Settlement proceeds to a separate fund for health and health care, and approve a chart of "Options for Use of Tobacco Settlement Funds", with priorities being items 1, 4, 5, and 6, and inform our lobbyist in Sacramento with the request that all pertinent legislators be notified of Berkeley's position.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Removed from the Consent Calendar by Councilmember Spring and held over to June 22, 1999.

20. Prohibit the Planting of Genetically-Engineered Corn and Other Products
From: Mayor Dean and Councilmember Olds
Recommendation
: Request the City Manager write to our State and Federal legislators, requesting the enactment of legislation to prohibit the planting of crops, particularly corn, that are genetically-engineered, unless and until safely-conducted and reliable long-term field research demonstrates 100% safety and that there are no alternatives which use organic farming methods; informing our State and Federal lobbyists of this action; and requesting other cities and environmental groups to join in this action.
Contact: Barbara Gilbert, Mayor's Office, 644-6484; Susan Wengraf, Councilmember Olds' Office, 644-6399
Action: Approved recommendation. (Abstain - Armstrong.)

21. Telephone Area Code Issues
From: Mayor Dean
Recommendation:
Support the League of California Cities' recommendations on California telephone area codes and advise the California Public Utilities Commission (PUC) and the Federal Communications Commission (FCC) of the following recommendations: 1) that the large telephone companies continue to use geography as a basis for adding new area codes rather than overlaying different area codes; 2) that old telephone numbers which are not in use should be available to all service providers and all customers; and 3) that the approximately 145,000,000 allocated but unused phone numbers in California which are now being held for future use should be made available.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Approved recommendation.

22. Support SB 332: State Beverage Container Recycling and Litter Reduction Program
From: Mayor Dean
Recommendation:
Support SB 332 which would re-enact, extend, and expand the State's Beverage Container Recycling Program, and notify Senator Sher and our local Representatives and City Lobbyist of Berkeley's position.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Approved recommendation.

23. Support AB 220: Community-Based Alcohol Education
From: Mayor Dean
Recommendation:
Support AB 220 which would establish the Community-Based Alcohol Education Account within the Alcohol Beverage Control Fund, to finance community-based alcohol education programs for youth, which would be funded through a competitive grant application process; direct the City Clerk to notify Assembly Members, Senators, and Berkeley's State lobbyist of Council's support; and direct the City Manager to commence the grant application process as soon as the process is formally opened.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Approved recommendation.

24. Support SB 510: Housing Bonds
From: Mayor Dean
Recommendation:
Support SB 510, which authorizes four General Obligation Housing Bond issues of $245 million each to be placed on the Statewide ballots for the years 2000, 2002, 2004 and 2006, and notify Assembly Members, Senators, and the City's lobbyist of Berkeley's support.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Approved recommendation.

25. Restrict Purchase of Coffee to Varieties Certified Organic and Fair Trade
From: Mayor Dean
Recommendation:
Refer to the City Manager the feasibility of restricting the City purchase of coffee to those varieties which are both certified organic and fair-trade; that City purchase applies to all facilities in the City and also to City-owned camps; and request the City Manager to report back no later than six months.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Approved recommendation. (Abstain - Armstrong and Worthington.)

26. Oppose Ritual Murder of Whales by Makah Indian Tribe
From: Councilmember Olds and Mayor Dean
Recommendation:
Request City Manager write a letter to the U.S. Congress and Vice-President Gore opposing the ritual murder of whales by the Makah Indian Tribe and the funding of this ritual by the United States Government.
Contact: Betty Olds, Councilmember District 6, 644-6399; Shirley Dean, Mayor, 644-6484
Action: Approved recommendation.

27. Proclamation in Honor of Susan Felix
From: Councilmember Maio
Recommendation:
Approve a proclamation declaring June 20, 1999 "Susan Felix Day" and honoring the contributions of Susan Felix to the community, to be read at a celebration of Susan's life on June 20, 1999.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation.

28. Stop Sign Installation
From: Councilmember Breland
Recommendation:
Refer to the City Manager the installation of a four-way stop at the corner of Channing Way and Bonar Street.
Contact: Margaret Breland, Councilmember District 2, 644-6400
Action: Approved recommendation.

29. Business Licenses Tax Audit Report
From: City Auditor
Recommendation:
Accept the Business License Tax Audit Report for Fiscal Year 1997/1998. Request the City Manager implement the recommendations to increase business license tax revenues and rationalize certain tax rate schedules and report back on implementation status by October 31, 1999.
Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action: Approved recommendation.

30. American Sign Language Reinstatement at Berkeley High School
From: Commission on Disability
Recommendation:
Direct the City Clerk to write to the Principal of Berkeley High School and School Board urging them to reinstate classes in American Sign Language as part of the curriculum.
Contact: Virginia Vafa, Secretary, 665-3440
a. City Manager Report
Recommendation:
Concurs with the content and recommendations of the Commission.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Approved recommendation.

Presentations

31. Presentation: Crime Rates (held over from May 25 meeting)
a. City Manager Information Report
Contact: Dash Butler, Police, 644-6568
Action: Held over to a date to be determined by the City Manager.


Action Calendar

Old Business:

32. Fire and Life Safety Plans Examiner (held over from April 27, May 11 and 25 meetings)
From: City Manager
Recommendation:
Adopt a Resolution amending Resolution No. 59,883-N.S., classifications and salaries for SEIU Local 535 employees to establish the classification of Fire and Life Safety Plans Examiner with a monthly salary range of $4171 to $4950 effective May 1, 1999.
Contact: Ronald Brown, Personnel, 644-6951
Action: Moved, seconded, carried (Maio/Olds; Noes - Breland, Shirek, Worthington, Dean) to adopt Resolution No. 60,060-N.S.

33. Redevelopment Agency Annual Report (removed from Consent by Councilmember Spring and held over from April 13, 1999 meeting)
From: City Manager
Recommendation:
Adopt a Resolution accepting the Berkeley Redevelopment Agency’s Annual Report for Fiscal Year 1997-98.
Contact: Liz Epstein, Planning and Development, 705-8105
a. City Manager Supplemental Report dated June 8, 1999
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Held over to June 22, 1999.

34. Residential Permit Parking Decision (held over from April 27 meeting)
From: City Manager Report dated June 8, 1999
Recommendation:
Adopt a Resolution amending Section 25 of Resolution No. 56,508-N.S. by adding subsections to extend residential permit parking on Milvia Street on the west side between Parker Street and Carleton Street, on Virginia Street both sides between McGee Avenue and California Street, and on Acton Street on the east side between Cedar Street and Keoncrest Drive and on the west side of Acton Street between Cedar Street and Tomlee Drive.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action:
Held over to June 22, 1999.

35. Minutes for Approval (Removed from consent by Mayor Dean and held over from May 25 meeting)
From: City Manager
Recommendation:
Approve the minutes for Council meeting of: a) April 20, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Held over to June 22, 1999.
36. Minutes for Approval (held over from April 27, May 11 and 25 meetings)
From: City Manager
Recommendation:
Clarify action taken on minutes for the regular meeting of March 16, 1999, Item 31, and amend if necessary to adopt a resolution before approval.
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Held over to June 22, 1999.

37. City-Owned Parking Lots (removed from Consent by Councilmember Spring and held over from May 25 meeting)
From: Councilmember Spring
Recommendation:
Establish a policy to return city-owned parking lots at Oxford and Berkeley Way to short term parking with rates escalating after four hours; and refer to staff the request by University Avenue merchants that parking validation be allowed in the Berkeley Way lot for a report back by July 1999.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Held over to June 22, 1999.

38. Street Design Guidelines (removed from Consent by Councilmember Spring and held over from April 27, May 11 and 25 meetings)
From: Mayor Dean
Recommendation:
1) Refer to staff, Planning Commission, Transportation Commission, and Public Works Commission, the publication Street Design Guidelines for Healthy Neighborhoods, by Dan Burden and published by the Center for Livable Communities, January 1999; 2) throughout the entire process of consideration of this referral, residents and neighborhood groups are to be consulted; 3) request staff, residents and commission members consider adopting all or part of the guidelines as policies which will guide the City in future actions; and 4) status reports be provided to Council every six months until final recommendations are made for or against the adoption of these policies and returned to Council for action.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Held over to June 22, 1999.

Fiscal Year 2000 and Fiscal Year 2001 Budget:

39. City Manager Supplemental Budget Reports
a.     Response to Questions Related to the Budget
(to be delivered)
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
b.     Information Report on Local Health and Welfare Trust Monies (to be delivered)
Contact: James Keene, City Manager, 644-6580
Action: Received and filed.

40. Council Referrals and Proposals for Amendments to the City Manager's Budgets for FY 2000 and FY 2001
a.      Proposed Amendments to City Manager's Budget
(to be delivered)
From: Mayor Dean
Recommendation:
Presentation of proposed amendments to City Manager budget for adoption on June 22, 1999.
Contact: Shirley Dean, Mayor, 644-6484
Action: Mayor Dean presented proposed amendments.

b.      Proposed Amendments to City Manager's Budget (to be delivered)
From: Councilmembers Maio, Shirek, Spring and Worthington
Recommendation:
Presentation of proposed amendments to City Manager budget for adoption on June 22, 1999.
Contact: Linda Maio, Councilmember District 1, 644-6359; Maudelle Shirek, Councilmember District 3, 644- ; Dona Spring, Councilmember District, 644-6266; and Kriss Worthington, Councilmember District 7, 644-6398
Action: Councilmembers presented proposed amendments.

Action: Council directed the City Manager to prepare a report with all three budgets showing only items that differ and a comparison of the differences, for June 15, 1999.

c.     Section 8 Educational Video
From: Councilmember Spring
Recommendation:
Refer a request for $5,000 to the budget process from Save Section 8 Committee for an educational video to inform tenants in Section 8 Housing of changes in Federal law that will affect them.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

d.     Pedal Express - City Mail Services
From: Councilmember Spring
Recommendation:
Refer a request for $25,000 to the budget process from Pedal Express to explore employment options for the displaced Senior Center cook.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

e.     Funding for Stonewall 30
From: Councilmember Worthington
Recommendation:
Refer to budget process $20,000 for a Berkeley Gay Pride Celebration sponsored by Stonewall 30.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

f.     Capital Funding for Warm Water Pool
From: Councilmembers Worthington and Spring
Recommendation:
Refer to budget process the following amounts over the course of three years for needed capital improvements for the warm water pool: 1) $150,000 for budget year 2000; 2) $150,000 for budget year 2001; and 3) $100,000 for budget year 2002.
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

g.     Aurora Theatre
From: Councilmember Maio
Recommendation:
Refer request of $10,000 from the Aurora Theatre for consideration in the budget process.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

h.     Funding the NuBein Male After School Mentoring Program
From: Councilmember Breland
Recommendation:
Refer to the budget process a request for $4,900 in support of the NuBein Mentoring Program formulated at the New Columbus Elementary School.
Contact: Margaret Breland, Councilmember District 2, 644-6400
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

i.     Jobs Consortium, Chaplaincy to the Homeless
From: Councilmember Spring
Recommendation:
Refer request for $28,000 from Jobs Consortium and $25,000 from Chaplaincy to the Homeless for the barrel project to the FY2000 budget process.
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

j.      University Avenue Association
From: Mayor Dean
Recommendation:
Refer to the budget process a request for $10,000 from the University Avenue Association for the 4th Annual "How Berkeley Can You Be" Parade and Festival.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

k.     Solano Avenue Improvements: Funding and Schedules (to be delivered)
From: Councilmember Woolley
Recommendation:
Refer funding for Solano Avenue Improvements to the budget process and direct the City Manager to coordinate improvements as much as possible: 1) Direct the City Manager to immediately begin to coordinate all three phases of the Solano Avenue Project and report back to the Council in September with a plan and/or options to do so; 2) Refer to the budget process funding for streets and storm drains ($1,000,000) and sidewalks ($460,000) and streetscape improvements ($650,000) to allow for all the work on Solano Avenue to be done and 3) Direct the City Manager to develop a public workshop plan to include the community and businesses in any plans and construction guidelines for Solano. This plan should be brought back to Council in advance of any project decisions and construction, for Council review and approval.
Contact: Diane Woolley, Councilmember District 5, 644-6294
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

l.     Budget for North Shattuck Merchants
From: Councilmember Spring
Contact: Dona Spring, Councilmember District 4, 644-6266
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

m.     Aurora Theatre
From: Councilmember Worthington
Recommendation:
Refer $100,000 to the budget process for Aurora Theater Company
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

n.     Marina Improvements
From: Councilmember Maio
Recommendation:
Refer a request for $100,000 for improvements to the Berkeley Marina to the budget process and request the Waterfront Commission to propose amenities.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Held over to June 22, 1999.

o.     Women's Daytime Drop-In Center
From: Councilmember Maio
Recommendation:
Refer a request for $25,000 for the Women's Daytime Drop-In Center (WDDC) to assist them in the completion of their facility expansion for consideration in the budget process.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

p.     Multicultural Institute Mentoring for Academic Success Program
From: Councilmember Maio
Recommendation:
Refer a request for $25,000 for the Multicultural Institute's "Mentoring for Academic Success" (MAS) Program for consideration in the budget process.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Moved to Consent Calendar by Councilmember Maio to be referred to the budget process.

41. Budget Recommendations from Commissions (Reports from Commissions which have not yet been referred to the budget process):
a.     Alameda County Green Business Program
From: Community Environmental Advisory Commission
Recommendation:
Allocate $5,000 towards the Alameda County Green Business Program for administration.
Contact: Nabil Al-Hadithy, Secretary, 705-8155
Action: Moved to Consent Calendar by Councilmember Armstrong to be referred to the budget process.

b.     Disabled Recreation for Children's Program
From: Parks and Recreation Commission
Recommendation:
Allocate an additional $50,000 from the General Fund in FY 2000 and FY 2001 to support the recreation programs for disabled children which are administered in the Health and Human Services Department. It is also recommended that the Council direct staff and the legislative advocate to attempt to obtain additional funding commitments from the State and Regional Center of the East Bay for these valuable programs.
Action: Moved to Consent Calendar by Councilmember Armstrong to be referred to the budget process.

c. Sister Cities Conference
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution designating a member of the Peace and Justice Commission to represent the City of Berkeley at the 8th Annual U.S. Africa Sister Cities Conference in Nairobi, Kenya, June 20 - 30, 1999; allocating funding in the amount of $2500 for conference costs; and donating $100 to support the Building Bridges for Peace Project.
Contact: Manual Hector, Secretary, 665-6880
Action: Moved to Consent Calendar by Councilmember Breland to refer the matter to the budget process. (Abstain - Armstrong.)

d. Annual Report to the City Council
From: Citizens Budget Review Commission
Recommendation:
Council take the following action: 1) Regarding the budget development process, direct the City Manager to continue to develop a rolling 5-year strategic plan and for the Council to adopt it as a part of the biennial budget; 2) regarding the budget format, continue to work toward implementation of a programmatic budget, specifically aimed at connecting the budget to the General Plan; 3) regarding the two-year budget cycle, use the June of the mid-year (i.e. June 2000) for a "mid-year" budget update, much as the mid-year budget update addressed by the Council in March 1999; 4) regarding the revenue projections, accept the City Manager's proposal and encourage the City Manager to complete his effort to develop and keep up-to-date a rolling 5-year revenue projection for General Fund and all enterprise funds; 5) regarding expense budget proposals, direct the City Manager to recommend to the City Council for adoption the overhead and indirect cost formula to be used for each of the General Fund-based and enterprise fund-based programs and projects, e.g., the Sewer Program; and 6) accept this memorandum as the FY 1998-99 Annual Report of the CBRC.
Contact: Laurie Bright, Chairperson, 524-9126
Action: Held over to June 15, 1999.

e. Citizen Involved Emergency Preparedness
From: Disaster Council
Recommendation:
Request funding with the requisite additions in staffing, to the FY2000 budget and that such funding be made available in all subsequent funding cycles.
Contact: Reginald Garcia, Secretary, 644-6665
Action: Moved to Consent Calendar by Councilmember Armstrong to be referred to the budget process.

New Business:

42. Contract: Easy Does It - Emergency Services for the Disabled
Commission on Disability Report
Recommendation:
Direct the City Manager use Measure E emergency services monies as follows: 1) award "Easy Does It" an interim six month contract for $270,000 with the City buying the necessary equipment for delivering services; 2) issue another request for proposals as soon as possible with an addendum, without prejudice, that Easy Does It and other vendors can apply for a full year's contract; and 3) bring in a facilitator to work with the City and Easy Does It to help resolve conflicts and further the negotiations.
Contact: Eric Dibner, Secretary, 665-3445
a.    City Manager Report
Recommendation:
Delay action until final negotiations with "Easy Does It" are completed. A recommendation on the specifics of the contract will be delivered prior to the June 8, 1999 Council meeting. 1) Approve a contract with Easy Does It Services (EDI) for the operation of the Emergency Services for the disabled community at an amount not to exceed $750,000 including $600,000 for annual operation and $150,000 for equipment purchase; 2) authorize staff to complete negotiations with EDI on the transportation component of the program; and 3) approve a $10,900 augmentation to the FY ’99 contract to continue the current level of services through 6/30/99.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Actions: Moved, seconded, (Armstrong/Olds) the main motion to approve the recommendation of the City Manager as revised.

Moved, seconded, carried (Spring/Maio) to approve Items 2 and 3 of the City Manager’s recommendation and reconsider Item 1 on June 15, 1999, and to suspend the rules to hear the matter on June 15. Adopted Resolution No. 60,061-N.S. to allocate $10,900.

Information Reports

43. March and November 2000 Election Measure Calendars
From: City Manager
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Received and filed.

44. Civic Center Building Addition (to be delivered)
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Report not delivered. Held over by the City Manager until June 15, 1999.

45. HIV/AIDS Grant Contract Renewals
From: City Manager
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Received and filed.

46. Sather Gate Garage Status Report (to be delivered)
From: City Manager
Contact: Frances David, Finance, 644-6476
Action: Moved to Action Calendar by Councilmember Worthington for June 22, 1999.

47. Roundabouts on Ellsworth at Stuart and Parker (CR 99-56) (to be delivered)
From: City Manager
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to Action Calendar by Councilmember Worthington for June 22, 1999.

Supplemental Agenda Items

48. Decision on Berkeley Aquatic Park Fees (public hearing held May 18th - decision continued to June 8 meeting)
Recommendation:
Adopt a Resolution amending Resolution No. 58,644-N.S. establishing fees for permits and licenses related to the exclusive use of Aquatic Park Lake.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Moved to Consent Calendar by Mayor Dean and adopted Resolution No. 60,062-N.S.

49. Decision on Planning and Development Department Services Fees (public hearing held May 18th - decision continued to June 8 meeting)
Recommendation:
Adopt a Resolution: 1) providing increases in the consolidated fee schedule for the Permit Services Fund for all development-related services provided by the Planning and Development Department; 2) continuing a cap of $345,000 on all waivers so that when this cap is reached, further waivers will only be granted with substitute funding authorized by Council; and 3) rescinding Resolution No. 59,540-N.S.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Held over to June 22, 1999.

50. Decision on Refuse Collection and Transfer Station Services Fees (public hearing held May 18th - decision continued to June 8 meeting)
Recommendation: Conduct a public hearing and upon conclusion, adopt two Resolutions: 1) Amending Resolution No. 50,788-N.S., increasing refuse collection rates; and 2) Amending Resolution No. 51,855-N.S., increasing Transfer Station rates.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506
Action: Moved to Consent Calendar by Mayor Dean and adopted Resolution No. 60,063-N.S. and Resolution No. 60,064-N.S.

Communications

Action: Received and filed unless referred to the City Manager by a Councilmember.
Page No.

1. John H. DeClercq, TransAction Companies, regarding the downtown and parking.

2. Isabel Guajardo, regarding Berkeley Community Media Center.

3. Rolland Williams, Berkeley Code Enforcement Officer, transmitting copy of letter to Mr. Snyder regarding Kragen Auto at 1600 University Avenue.

4. Patrick Kennedy, transmitting copy of newspaper articles regarding creating a vibrant downtown and traffic.

5. Sasha Samszad; Carrie Sprague; Nancy Holland; and Nicholas Burgoyne, regarding courthouse sites in Berkeley.

6. Regarding funding requests and the budget process:

a. Jacquelynn Baas, Telegraph Area Association
b. Bhima Sheridan
c. Tim Cannon, Chairperson, North Berkeley Merchants Association Olds
d. Barry Wolfe, Cocobeans
e. Margo Lowe
f. Richard Mazzcia, North Berkeley Merchants Assn.
g. Gillian Geller, Karen Maeiver, Juice Bar Collective
h. Joe Edelberg
i. Mark Liolios, transmitting petitions

7. Regarding salt-water line for fire-fighting: Maio

a. Dianne M. Leonard
b. Dea Lee Harrison and petition with 28 signatures
c. Rob Browning
d. John Shively, P.E. Olds, Woolley, Dean
e. Cheryl Gunderson
f. Kenneth Crow
g. Kris Eggen
h. Mark Little
i. Margit Cerny
j. Carol Dorf

8. Ricarado Noguera, Berkeley Planning Commissioner, regarding moratorium on development/upgrades at Berkeley Marina. Breland

9. Regarding traffic and funding for pedestrian and bicycle safety:

a. Carolyn Moody
b. David Toy
c. Matt Danning
d. Mercedes Berthaldan
e. Darcy Hamilton
f. Claire Risley, Berkeley Safety Task Force
g. Gerda Miller and Deede Sloan, Berkeley Gray Panthers
h. Hank Resnik and Michael Katz, Bicycle-Friendly Berkeley Coalition Olds

10. Berkeley citizen, regarding housing.

11. William Hamilton, The Berkeley Village Educational Project, transmitting their CDBG and CSBG funding application.

12. L.A. Wood, regarding pacific Steel Castings Waste Incinerator Permit Review. Breland, Spring, Dean


13. Jim Sharp and Daniella Thompson, regarding stop signs on Euclid Avenue at Virginia Street. Dean

14. Scott Luebking, regarding Easy Does It organization. Spring, Dean

15. Karen Sarlo, regarding Longfellow School fundraiser. Breland

16. Jeannie J. deVries, President, Berkeley Architectural Heritage Association, regarding a study on parking in and for Civic Center area.

17. John Vance, A First Amendment Center, regarding bombing Yugoslavia and NASA and plutonium release threat. Breland

Supplemental Agenda Reports and Communication

Re: Item 3 – Minutes for Approval

1. James Keene, City Manager, revised minutes of May 18, 1999

Re: Item 14 – Animal Shelter Staffing and Policy on Feral Cats

2. Council Task Force on Animal Care and Control; Mayor Shirley Dean, Councilmembers Spring and Olds, revised report

Re: Item 16 – Expand Undergrounding of Utilities

3. Mayor Shirley Dean, Councilmembers Olds, Armstrong and Woolley, revised report

Re: Item 17 – Civic Center Area Parking

4. Carrie Sprague Spring, Maio

Re: Item 21 – Telephone Area Code Issues

5. Michael Katz

Re: Item 40-g – Council Referrals and Proposals for Amendments to the City Manager’s Budgets for FY 2000 and FY 2001 – Aurora Theatre Company

6. Judith A. Holland, President, Board of Directors

Re: Communication 12

7. L. A. Wood, re: Pacific Steel Castings Breland

Letter from International Brotherhood of Electrical Workers received at the meeting. Worthington

Adjournment

Actions: Moved, seconded, carried (Spring/Maio) to extend the meeting past 11:00 p.m. to complete certain items.

Moved, seconded, carried (Spring/Maio) to suspend Council Rules to extend the meeting past 12:00 p.m. to complete certain items.

The meeting adjourned at 12:10 a.m.


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