REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, MARCH 9, 1999

Roll Call: 7:00 P.M.

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

a. Proclamation: Cesar E. Chavez Day – March 31, 1999

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

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

Youth Forum: A total of fifteen (15) minutes is designated to allow youth an opportunity to address the Council.. Each speaker is limited to a maximum of three (3) minutes.

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

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

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

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of: a) February 9, 1999 (regular); b) February 9, 1999 (closed); c) February 16, 1999 (regular); d) February 23, 1999 (closed); and e) February 23, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

a. Authorizing an amendment to the contract with the Board of Administration of the California Public Employees Retirement System (CalPERS) to provide military service credit as public service for local miscellaneous employees. (Absent – Shirek)
b. Amending Section 2 of Ordinance No. 6280-N.S. (Berkeley Municipal Code Section 4.04.120(A)), exemption from career service (at-will employees), to add the Legislative Assistant classification. (Ayes – unanimous; Absent – none)

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

4. Public Liability Claim: Susie J. Hing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Attorney to settle Public Liability Claim No. 98-083 for $7,750 in the matter of Susie J. Hing.
Contact: Zach Cowan, City Attorney, 644-6380

5. Side Letter Agreement: SEIU Local 790
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union (SEIU) Local 790 to extend the probationary period of an employee in the Finance Department from six months to one year.
Contact: Ronald Brown, Personnel, 644-6951

6. Contract: Summer Youth Employment/Training Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with: 1) Alameda County Private Industry Council for the 1999 Job Training Partnership Act, Title IIB, Summer Employment and Training Program in an amount not to exceed $392,947 for the period March 1, 1999 to August 31, 1999 for the North Cities Consortium; and 2) members of the North Cities Consortium: Alameda Unified School District in an amount not to exceed $10,000, Albany Unified School District in an amount not to exceed $1,000, and City of Emeryville in an amount not to exceed $900.
Contact: Fred Medrano, Health and Human Services, 644-6459

7. Contract: Management of People’s Park
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the University of California, Berkeley, for the management of People’s Park in an amount not to exceed $175,000 for Fiscal Year 1997-98, and in an amount not to exceed $197,467 for Fiscal Year 1998-99.

Contact: Fred Medrano, Health and Human Services, 644-6459

8. Contract: Janitorial Services at Recreation Centers
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications to provide janitorial services for five recreation centers located at: 1) James Kenney, 1720 8^th Street; 2) Frances Albrier Community Center, 2800 Park Street; 3) Willard Park, 2720 Hillegass; 4) Live Oak Center, 1301 Shattuck Avenue; and 5) Martin Luther King Jr. Youth Service Center, 1730 Oregon Street; accepting the bid of Twin III Maintenance Company; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $4,263 on a month-to-month basis.
Contact: Fred Medrano, Health and Human Services, 644-6459

9. Contract: Mental Health Assurances for Compliance with Federal Law
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute the Fiscal Year 1998-99 Performance Contract and any amendments with the State Department of Mental Health containing assurances necessary for compliance with Federal law.
Contact: Fred Medrano, Health and Human Services, 644-6459

10. Grant Agreement: Child Passenger Safety
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the State of California, Transportation and Housing Authority, Office of Traffic Safety for a comprehensive child passenger safety campaign in the amount of $148,219 for the period October 1, 1999 to September 30, 2001; and authorizing the City Manager to execute resultant agreement and any amendments.
Contact: Fred Medrano, Health and Human Services, 644-6459

11. License Agreement: Kite Business at the Berkeley Marina
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with Highline Kites of Berkeley to operate a business from a mobile unit parked near Cesar Chavez Park at the Berkeley Marina for 6.5 percent of gross receipts, offset by a minimum monthly payment of $150, for a period of five years.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

12. Contract Amendment: Tree Removal Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Professional Tree Care Inc. for tree removal services by extending the contract to January 31, 2000 for an additional $90,000.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943

13. Contract Amendment: Alta Bates Traffic Studies
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Fehr & Peers Associates, Inc. by increasing the contract in an amount not to exceed $55,200 for traffic monitoring in 1999 at Alta Bates Medical Center.
Contact: Liz Epstein, Planning and Development, 705-8105

14. Contract: North and South Berkeley Senior Center Renovations
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for renovation of the North Berkeley Senior Center at 1901 Hearst Avenue and South Berkeley Senior Center at 2939 Ellis Street; accepting the bid of Leeds Construction Company; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $179,992 for a period of 75 calendar days.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

15. Contract Amendment: Operation of the Berkeley Landfill
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Browning-Ferris Industries of California, Inc. (BFIC) by extending the term to December 31, 2005 for operation of the Berkeley Landfill; and authorizing payment of a road mitigation fee of $350,000 over the five-year period.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

16. Amend FY 1999 Appropriations Ordinance (to be delivered)
From: City Manager
Recommendation: From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Annual Appropriations Ordinance No. 6449-N.S.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

17. City of Davis Outdoor Light Ordinance
From: Councilmember Spring
Recommendation: Refer the City of Davis Outdoor Light Ordinance to the City Manager and request a report back within 6 months with an evaluation of its applicability to Berkeley to minimize glare while improving nighttime public safety.
Contact: Dona Spring, Councilmember District 4, 644-6266

18. Referral to Budget Process
From: Councilmembers Spring, Breland and Maio
Recommendation: Refer a request for $110,000 to the FY1999-2000 budget process for continuing the homeless prevention program.
Contact: Dona Spring, Councilmember District 4, 644-6266; Margaret Breland, Councilmember District 2, 644-6400; Linda Maio, Councilmember District 1, 644-6359

19. Referral to Budget Process
From: Councilmember Spring
Recommendation: Refer a request for $15,000 to the FY1999-2000 budget process for a façade matching grant program for the downtown Berkeley area extending south to Dwight Avenue.
Contact: Dona Spring, Councilmember District 4, 644-6266

20. Solicit Funds at Senior Centers
From: Councilmember Spring
Recommendation: Adopt a Resolution allowing "Save Section 8" group to solicit funds at Senior Centers.
Contact: Dona Spring, Councilmember District 4, 644-6266

21. Co-sponsor and Fund Cooperative Parent Education Project Spring Summit
From: Councilmembers Spring and Breland
Recommendation: Adopt a Resolution co-sponsoring and authorizing funding in the amount of $600 for the Cooperative Parent Education Project Spring Summit on March 20^th regarding "Unlearning Racism: Building Bridges to Strengthen Our School Community and Unlearning Homophobia: Safety and Respect for All Families."
Contact: Dona Spring, Councilmember District 4, 644-6266; Margaret Breland, Councilmember District 2, 644-6400

22. Summit/Alta Bates Merger
From: Councilmember Spring
Recommendation: Request the City Clerk write to Attorney General Bill Lockyear supporting the concerns raised by Alameda County Supervisor Gail Steele regarding the merger of Alta Bates and Summit Medical Center and that Berkeley’s Health Commission will be accepting public comment on the merger and that Council will be forwarding recommendations to Senator Lockyear and the Federal Trade Commission.
Contact: Dona Spring, Councilmember District 4, 644-6266

23. Community Health Commission Conduct Public Hearing
From: Vice Mayor Shirek
Recommendation: Direct the Community Health Commission conduct a public hearing regarding the proposed merger of Summitt Hospital and Alta Bates Hospital and report to Council.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243

24. Assist Sacramento Street/Dwight Way Residents Develop Businesses
From: Vice Mayor Shirek
Recommendation: Direct the City Manager assist the Sacramento Street/Dwight Way Corridor residents and merchants to develop neighborhood serving businesses and to work to find a use for the building soon to be vacated by the "Outback" clothing store.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243

25. Crime Rate in Berkeley
From: Mayor Dean
Recommendation: Direct the City Manager and Police Chief: 1) report back on an analysis of crime rates in Berkeley, with particular emphasis on Berkeley’s current performance compared to the State of California and other jurisdictions, and develop recommendations, targets, and timetables to bring Berkeley’s performance in this area more in line with national, state, and local trends of declining crime rates; 2) present this report in "presentation format" at a Council meeting reserved for public hearings and no later than 8 p.m.; and 3) schedule this presentation so that budget referrals, if any, can be made in time for consideration in the FY 1999-2000 budget.
Contact: Barbara Gilbert, Mayor’s Office, 644-6484

26. Support SB 15 and SB 23: Expands State Regulations on Assault Weapons
From: Mayor Dean
Recommendation: Support SB 15 and SB 23, which increases State regulations on firearms, and notify Berkeley’s State Representatives and lobbyist, other Bay Area Mayors, and the East Bay Public Safety Corridor Committee to support these Bills.
Contact: Shirley Dean, Mayor, 644-6484

27. Update on Domestic Violence in Berkeley
From: Mayor Dean
Recommendation: Schedule a presentation in the near future on domestic violence in Berkeley, including a presentation on the Berkeley Police Domestic Violence Project’s Final Report dated October 28, 1998, and comments from the Domestic Violence Oversight Committee (the Oversight Committee) and Department. The presentation should be scheduled in time for recommendations, if any, to be included in next year’s budget.
Contact: Barbara Gilbert, Mayor’s Office, 644-6484

28. Support UC Students Vote for Class Bus Pass Program
From: Councilmember Armstrong
Recommendation: Urge University students to vote in April for the Associated Students of University of California (ASUC) election to support the $15 per semester Class Pass Program which will provide every student with unlimited transportation on AC Transit buses for a semester.
Contact: Polly Armstrong, Councilmember District 8, 644-6401

29. Removal of Four Telephone Booths
From: Councilmember Breland
Recommendation: Direct the City Manager develop a plan to remove four of the five existing telephone booths on San Pablo Avenue between Addison Street and University Avenue.
Contact: Margaret Breland, Councilmember District 2, 644-6400

30. Domestic Partners Benefits for City Contractors
From: Councilmembers Worthington and Woolley, Vice Mayor Shirek, and Mayor Dean
Recommendation: Request the City Manager: 1) direct the City Attorney draft legislation similar to San Francisco’s requiring that contractors with the City offer domestic partners benefits to employees commensurate with those offered to their married employees, and report back within 60 days with proposed legislation and analysis; 2) send a letter in support of AB 26, the Domestic Partners Registration Act sponsored by Assembly Member Migden; 3) prepare an educational mailing to all businesses within Berkeley encouraging them to offer domestic partners benefits; 4) prepare a Council proclamation for June honoring businesses and other groups which already do offer such benefits; and 5) refer the proposed legislation and analysis to appropriate commissions, business groups, and nonprofits as determined by staff.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Diane Woolley, Councilmember District 5, 644-6294; Maudelle Shirek, Councilmember District 3, 644-6243; Shirley Dean, Mayor, 644-6484.

31. Second Annual Berkeley Poetry Festival
From: Councilmember Worthington
Recommendation: Adopt a Resolution authorizing funding in the amount of $4,000 for the 2^nd Berkeley Poetry Festival on September 25 and 26, 1999 at the Berkeley Art Museum/Pacific Film Archives.
Contact: Kriss Worthington, Councilmember District 7, 644-6398

32. Funding for Items on Priority List
From: Councilmember Worthington
Recommendation: Adopt a Resolution authorizing and appropriating funding for items on the Priority List prepared when the FY1998-99 budget was adopted as follows: 1) $300,000 for Housing Trust Fund; 2) $80,000 for Berkeley High Health Center; 3) $25,000 for Community Health and Safety Team; 4) $5,000 for Americorps Literacy Program; 5) $30,000 for Redwood Mini Park; 6) $10,000 for Aurora Theater; 7) $14,000 for South Berkeley Neighborhood Development Corporation; 8) $25,000 for West Berkeley Neighborhood Development Corporation; 9) $35,000 for Childcare Task Force; 10) $146,000 for Catastrophic Loss Fund; and 11) $50,000 for Southside Plan
Contact: Kriss Worthington, Councilmember District 7, 644-6398

From: Task Force on Child Care Compensation
Recommendation: Adopt a Resolution authorizing a balance of $52,871 allocated to the Task Force on Child Care Compensation to fund a second round of Commitment Incentives and Training Stipends to Berkeley child care workers and to provide support costs to implement the program
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Task Force.
Contact: Stephen Barton, Housing, 644-6001

34. Zoning Appeal of Use Permit 98-10000058 – 1730 La Loma Avenue
a. Appeal filed by Daniella Thompson and James Sharp, of the Zoning Adjustments Board decision approving Use Permit 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
b. City Manager Report dated December 8, 1998
Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board decision to approve a Use Permit 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 and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105
c. City Manager Report dated March 9, 1999
Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board decision to approve Use Permit 98-10000058 to construct a roof deck and rooftop walkway at 1730 La Loma Avenue and dismiss the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board which denied a Variance of the Zoning Ordinance to permit the legalization of a retail establishment at 1803 Eastshore Highway where the Mixed Use-Light Industrial District prohibits such a use and dismissing the appeal filed by Rena Rickles, Attorney on behalf of Patricia and Bert Kantor, applicant.
Contact: Liz Epstein, Planning and Development, 705-8105
b. Communications from:

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

36. Zoning Appeal of Use Permit 98-20000248– 1812 Rose Street
a. City Manager Report
Recommendation: Schedule a public hearing regarding an appeal filed by Jerome McShane, applicant, from a decision of the Zoning Adjustments Board which denied a Use Permit to construct a major residential addition and extend 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. Communication from:
1. Peter Wolfgang Behn, AIA, Architect and Jerome McShane, applicant
Contact: Sherry M. Kelly, City Clerk, 644-6480

NOTE: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitations period is specified by an other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90^th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.

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 *.

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 March 9, 1999 (to be delivered)
Recommendation: Adopt a Resolution overturning the decision of the Zoning Adjustments Board (ZAB) upholding the appeal and approving the Use Permit with amended conditions.
Contact: Liz Epstein, Planning and Development, 705-8105
c. Communication from January 12:
1. Chris Thomas and other residents of 2455 Prospect St.
d. Communications from February 23:
1. Reza Valiyee

2. Jean Mudge for Dwight-Hillside Assn.
e. Communication from March 9: *
1. Malcolm Smith

Contact: Sherry M. Kelly, City Clerk, 644-6484

38. Parking Meter Installation (Recommendation 3 held over from February 23 meeting)
From: City Manager
Recommendation: 1) Adopt a Resolution authorizing the City Manager to negotiate and enter into any necessary contracts and approve $35,500 to complete the purchase and installation of Reino meters in Phase II; 2) Adopt a Resolution authorizing the City Manager to negotiate and enter into any necessary contracts and purchase up to an additional 1,000 spaces for stock and replace the remaining metered areas in the City in an amount not to exceed $295,000 for Fiscal Year 1999; and 3) authorize the City Manager to negotiate and enter into any necessary contracts and replace the off-street parking lots with either meters, staff attendants, or a new revenue management system pending staff research. If the selection requires bidding, the selection will go back to Council to award the contract.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

39. Minutes for Approval (removed from Consent by Mayor Dean, February 9, 1999)
From: City Manager
Recommendation: Approve the minutes of the Council meetings of January 12 (regular) and January 26 (regular), 1999 as amended by Mayor Dean.
Contact: Sherry M. Kelly, City Clerk, 644-6480

40. FY 1999 Mid-Year Budget Report and Council Discussion FY 2000/2001 (to be delivered)
From: City Manager
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

City Manager Recommendations (to be delivered)

Contact: James Keene, City Manager, 644-6580

41. Library Funding
From: Councilmember Spring
Recommendation: Discuss and take possible action regarding the Berkeley Public Library’s request for $1,100,000 in additional funding to complete the retrofit of the Main Library.
Contact: Dona Spring, Councilmember District 4, 644-6266

42. Revisions to Citizens Budget Review Commission Charter
From: Citizens Budget Review Commission
Recommendation: Adopt a Resolution amending Section 2 of Resolution No. 52,720-N.S., to revise the duties of the Commission to establish a work program and priorities, prepare an annual report, review budget policies, report on all unfunded budget requests, and ensure a better understanding of current fiscal issues and the budget process.
Contact: Phil Kamlarz, Secretary, 644-6580
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

43. Compensation for Housing Advisory Commission Members
From: Housing Advisory Commission
Recommendation: Direct the City Manager to explore the feasibility of doing a one-year pilot program to compensate Housing Advisory Commission (HAC) members for their services and develop cost estimates. Potential compensation to explore are: a) up to a $200 a month stipend for attending all meetings; b) medical and dental coverage; c) parking permits for one year; d) business or property tax credit of 10% gross income under $100,000.
Contact: Oscar Sung, Secretary, 644-6001
a. City Manager Report
Recommendation: The Commission recommendations affect budget and/or other programs. Please take no action until these matters have been considered and a report can be submitted for Council consideration.
Contact: Stephen Barton, Housing, 644-6001

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

Communications

1. Anne Marselis, Saint John’s Neighbors, regarding Don’s Auto Clinic at 2555 College Avenue.
2. Mike Limon, 924 Gilman St. Project, regarding 924 Gilman St. Project.
3. Patrick Kennedy, Panoramic Interests, regarding housing development.
4. Hank Resnik, regarding meeting with 2X2 Committee to discuss the East Campus project.
5. Chuck Siegel, Ecocity Builders, regarding Underhill Master Plan.
6. Marjorie Macris, Chair, Executive Committee, Sierra Club, SF Bay Chapter, thanking Council for opposing the Congressionally-mandated recreation fee demonstration (Fee-Demo) program.
7. Andy Ross, Cody’s Books, regarding the Ingram-Barnes & Noble merger.
8. Joshua Hayes, regarding Chaplaincy to the Homeless Project for runaway youth.
9. HappyInfo@aol.com, regarding a Councilmember.
10. Doug Johnson, regarding Tinky Winky.
11. Regarding mixed use of 2501 Sacramento Street:
    a)Alison Samuel
    b)Matthew Welker
    c)Jacqueline Omeira and Kamcan Gohiz
    d)Jane DeMartini
    e)Anna Naille
    f)Peter Dugler
    g)John Barry
    h)Kate Rossbach
    i)John Bidwell and Donna Mouton
    j)James Palacious
    k)Helen Workman

l) Barbara Alexander
m) Maj-Britt Mobrand
n) Isaiah Popl
o) Petition containing 32 signatures
p) Nancy Wilson

12. Jo Ann Price, Vice President, League of Women Voters, regarding General Plan Update Project.
13. Anne Marselis, regarding Women of Afghanistan Petition.
14. Jand Chisheno and Jane Scantbury regarding funding for Central Library Renovation.
15. Patrick Kennedy, transmitting copy of newspaper article regarding parking.
16. Senator Barbara Boxer, United States Senate, Washington, D.C., regarding impeachment trial of President Clinton.
17. Michel Maddy, McDonald’s, regarding proposed ban on fast food restaurants.
18. Charles Siegel, regarding Ohlone Totlot hazard.

 Adjournment.