Roll Call: 7:00 p.m.

Comments From The City Manager : The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items, but may request the City Manager place a report on a future agenda for discussion and/or action. The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items, but may request the City Manager place a report on a future agenda for discussion and/or action.

Comments From The Public: A total of thirty (30) minutes is scheduled. Each speaker is limited to a maximum of three (3) minutes.

Council Action: The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be held over to the next meeting unless the City Manager requests action due to priority.

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meeting of February 2, 1999 (special).
Contact: Sherry M. Kelly, City Clerk, 644-6480

2. Ordinances for Second Reading:
a. Amending Berkeley Municipal Code Chapter 7.20 (Ordinance No. 5535-N.S.) to add Section 7.20.046 relating to refunds of specified sewer bill overpayments (Absent – Shirek).
b. Repealing Zoning Ordinance No. 3018-N.S. and Official Zoning Map; Berkeley Municipal Code Chapter 19.10 (Ordinance No. 413-N.S.), regulating tents and movable buildings; Berkeley Municipal Code Chapter 19.56 (Ordinance No. 5626-N.S.), regulating removal of rental units; and adopting a new Zoning Ordinance and Official Zoning Map (Noes - Worthington; Absent – Maio, Shirek).
Contact: Sherry M. Kelly, City Clerk, 644-6480

3. Contract: Military Service Credit for Local Miscellaneous Employees
From: City Manager
Recommendation: Adopt a Resolution of Intention and first reading of an Ordinance to amend the contract with the California Public Employees Retirement System (CalPERS) to provide Military Service Credit as Public Service to local miscellaneous employees.
Contact: Ronald Brown, Personnel, 644-6951

4. Contract: Services Regarding Retiree Medical Benefit for Miscellaneous Employees and Selection of Third Party Administrator
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with William M. Mercer, Inc. in an amount not to exceed $85,000, to provide technical services and advice on administration of the retiree medical benefit for miscellaneous employees including assistance on the selection of a third party administrator for all the City’s retiree medical benefits and to provide technical assistance on the City’s Deferred Compensation Plan.
Contact: Ronald Brown, Personnel, 644-6951

5. Public Liability Claim: Vera Dragilyova
From: City Manager
Recommendation: Adopt a Resolution authorizing the settlement of Public Liability Claim 98-159, Vera Dragilyova in the amount of $15,000.
Contact: Zach Cowan, City Attorney, 644-6380

6. Payments for Managed Health Network Consulting Services (to be delivered)
From: City Manager
Recommendation: Approve payments in an amount not to exceed $33,000 for Managed Health Network that provides consulting services to the Planning Department and the City Manager.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

7. Ordinance Covering Objects on Sidewalks
From: Councilmember Spring
Recommendation: Request that the sidewalk ordinance being developed by staff, contain standards for plant and flower containers and for benches being placed on the sidewalks by merchants that do not require a permit. In addition, examine ways to allow people to chain their bicycles to parking meters in areas where no bicycle racks exist.
Contact: Dona Spring, Councilmember District 4, 644-6266

8. Phase Out AC Transit Diesel-Fueled Buses
From: Councilmember Spring
Recommendation: Request the City Clerk write a letter to the AC Transit Board of Directors asking them to phase out the use of diesel-fueled buses as soon as possible in Berkeley due to a report released by the California Air Resources Board and the Environmental Health Hazard Assessment listing diesel exhaust as a toxic air contaminant; and include letters and enclosures from former Transportation Commissioner Sue Parker with the letter to AC Transit.
Contact: Dona Spring, Councilmember District 4, 644-6266

9. Budget Process Referral
From: Councilmember Spring
Recommendation: Refer a request for up to $25,000 to the 1999-2000 budget process to replace the play equipment at the Ohlone Park Tot Lot on Bonita Street.
Contact: Dona Spring, Councilmember District 4, 644-6266

10. Preserving the Student Education Garden
From: Councilmembers Spring and Worthington
Recommendation: 1) Support the preservation of the Student Education Garden in the northwest corner of the Oxford Tract, and preference for East Bay Municipal Utility District (EBMUD) building a new Berryman Pumping Station on the northeast corner; 2) request the City Manager write to UC Chancellor Berdahl in support of preserving the northwest corner of the Oxford Tract as the Student Education Garden.
Contact: Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398

11. Elimination of Dioxin From the Environment
From: Mayor Dean
Recommendation: 1) Designate dioxin pollution as a high priority for immediate action to restore water, air, soil and food quality and protect public health; 2) Resolve that the City will work with other local governments on a regional task force to develop dioxin pollution prevention strategies; 3) Inform the Environmental Protection Agency (EPA) that it supports the EPA proposal to require community right-to-know reporting of dioxin releases and that it supports the national Environmental Justice Advisory Committee’s advice to make dioxin pollution of San Francisco Bay a high priority under the Clean Water Act.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

12. Reappointment of Vice Mayor
From: Mayor Dean
Recommendation: Adopt a Resolution reappointing Councilmember Maudelle Shirek as Vice Mayor for the City of Berkeley for the term ending November 30, 2000.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

13. Honoring June Jordan
From: Mayor Dean
Recommendation: Adopt a Resolution honoring June Jordan on the occasion of the publication of her twenty-fifth book and for her contributions to the Berkeley community.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484

14. Scheduling Date for City Manager Evaluation (to be delivered)
From: Mayor Dean
Contact: Shirley Dean, Mayor, 644-6484

15. Air Quality Evaluation of 1900 Addison Street
From: Councilmembers Woolley and Spring
Recommendation: Request the City Manager arrange to have an industrial hygienist conduct a study of the efficiency and adequacy of the heating and air conditioning systems at 1900 Addison Street; in addition, conduct air sampling to evaluate the air quality with respect to off-gassing from new furnishings, glues, carpeting, paint, solvents, other possible pollutants, molds and spores, etc.
Contact: Diane Woolley, Councilmember District 5, 644-6294; Dona Spring, Councilmember District 4, 644-6266

Public Hearings

(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 *)

16. Continued Public Hearing Regarding Zoning Appeal of Use Permits 3033 and 3681 – 699 Virginia Street (Berkeley Asphalt) (see agenda packet of January 26, 1999 for written material)
a. Appeal filed by Nora Chorover on behalf of Ocean View Neighborhood Association and Communities for a Better Environment, of the Zoning Adjustments Board decision to take no action to initiate revocation proceedings for Use Permits based on certain findings for the property located at 699 Virginia Street.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report dated February 16, 1999 *
Recommendation: Continue the hearing on this matter to March 16, 1999.
Contact: Zach Cowan, City Attorney, 644-6380
c. City Manager Report dated January 26, 1999
Recommendation: 1) Conduct a public hearing and upon conclusion adopt a Resolution affirming the decision of the Zoning Adjustments Board with findings that Berkeley Asphalt and Ready mix is in compliance with the conditions of Use Permits 3033 and 3681, and based on the evaluation provided by expert consultants and affected agencies, as well as the testimony, the current operation of the Berkeley Asphalt and Ready Mix Companies does not constitute a nuisance. If Council after considering the record, is unable to determine whether there is a nuisance or violation of conditions, continue the hearing without action to coincide with the six month review by staff required pursuant to Use Permit 3033 six months after initiation of operation of the approved replacement equipment for the asphalt plant.
Contact: Liz Epstein, Planning and Development, 705-8105

d. Communication from December 8, 1998:
1) Rena Rickles, Attorney on behalf of Berkeley Asphalt, applicant

a. Appeal filed by Malcolm Smith, Attorney on behalf of Reza Valiyee, Applicant, of the Zoning Adjustments Board decision denying a Use Permit for property at 2455 Prospect Street to: a) modify Variance 495 which established a 50-person rooming house which had 29 bedrooms to permit a reconfiguration of the interior floor plan, to permit 50 separate one-person bedrooms; b) establish a manager's unit on the first floor (formerly the basement); and c) construct a stairway from the second story deck to the property line.
Contact: Sherry M. Kelly, City Clerk, 644-6484
b. City Manager Report dated February 16, 1999
Recommendation: Adopt a Resolution overturning the decision of the Zoning Adjustments Board (ZAB) upholding the appeal and approving the Use Permit with conditions.
Contact: Liz Epstein, Planning and Development, 705-8105
c. City Manager Report dated January 12, 1999
Recommendation: Set a public hearing for February 16, 1999 to consider appropriate action on the Use Permit.
Contact: Liz Epstein, Planning and Development, 705-8105
d. Communication from January 12, 1999:
1. Chris Thomas, and other residents of 2455 Prospect St. 
Contact: Sherry M. Kelly, City Clerk, 644-6484

18. Black Repertory Group Update
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

19. Off-Leash Dog Area in Cesar Chavez Park (CR 98-92)
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

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.

2. Mike Limon, 924 Gilman Street Project, regarding 924 Gilman St. Project.

3. William Caldeira, regarding civil rights violations.

4. Sheryl Kramer, regarding funding the Library Renovation Project.

5. Lori Taguma, regarding Berkeley’s Parking Citation Center.

Adjournment