BERKELEY CITY COUNCIL REGULAR MEETING

TUESDAY, JUNE 22, 1999

Roll Call: 7:05 p.m.

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

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.

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.

a. Authorizing a lease agreement with Paul Hon for operation of Amana Christian Bookstore at 2431 Durant Avenue in Sather Gate Mall for $1,640 per month for a period of five years with annual increases. (Unanimous)
b. Repealing Chapter 19.48 of the Berkeley Municipal Code (BMC), 1994 Uniform Fire Code, and reenacting Chapter 19.48 to adopt, with amendments, the 1998 California Fire Code and Uniform Fire Code Standards. (Unanimous)

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

3. SRIP I and SRIP II Amendment
From: City Manager
Recommendation: Adopt first reading of two Ordinances: 1) Amending Berkeley Municipal Code (BMC) Section 4.36.101 (Supplementary Retirement and Income Plan I); and 2) Amending Berkeley Municipal Code (BMC) Section 4.38.101 (Supplementary Retirement and Income Plan II), to permit self-directed investment options for City employees covered by the Plans.
Contact: Ronald Brown, Personnel, 644-6951

4. Establish Senior Community Development Project Coordinator Classification
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 60,051-N.S., Classification and Salary Resolution for Public Employees Union Local One employees, to establish the Senior Community Development Project Coordinator in Unit P1 with a salary range of $5,067 - $6,115 per month effective July 1, 1999.
Contact: Ronald Brown, Personnel, 644-6951

5. Establish Economic Development Manager At-Will Classification
From: City Manager
Recommendation: 1) Adopt a Resolution amending Resolution No. 57,841-N.S., Classification and Salary Resolution for Unrepresented Employees, to establish the Economic Development Manager Classification in Unit Z1 with a salary range of $6,082 - $8,138 per month effective June 1, 1999; and 2) Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 4.04.120(A) to include Economic Development Manager as an "at-will" classification.
Contact: Ronald Brown, Personnel, 644-6951

6. Equity Adjustment for Staff Attorney Classifications in the Rent Board
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 57,841-N.S., Classification and Salary Resolution for Unrepresented Employees to provide 3% equity adjustments for the classifications of Staff Attorney I, II, and III effective June 28, 1998 and June 27, 1999.
Contact: Ronald Brown, Personnel, 644-6951

7. Contract: Downtown Berkeley YMCA (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $152,955 for fitness center memberships for City employees and Legislative Assistants for the period July 1, 1999 through June 30, 2000.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

8. Grant Application: Additional Police Officers
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the U.S. Department of Justice, Office of Community-Oriented Policing Services, for a three-year Universal Hiring Program grant in the amount of $450,000 to support the hiring of six police officers, and authorizing the City Manager to execute the resultant agreement and any amendments.
Contact: Dash Butler, Police, 644-6568

9. Contract Amendment: Geotechnical and Engineering Testing Services (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with URS Greiner, Inc. to provide geotechnical and engineering testing services for various projects, by increasing the amount $400,000 and extending the period to June 30, 2000.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

10. Contract: Piedmont Avenue Pedestrian Lighting
From: City Manager
Recommendation: Adopt a Resolution accepting the bid of Gruendl, Inc. (dba Ray's Electric) for construction of pole footings and underground electrical raceways for the west side of Piedmont Avenue from Dwight Way to Gayley Road, and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $70,500 for the period July 5, 1999 to October 15, 1999.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

11. Purchase Order Amendment: Security Services at Corporation Yard
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the Purchase Order with ABC Security Services for night and weekend security services at the Corporation Yard, by $10,000 (for an amount not to exceed $35,000) and extending the period to June 30, 1999,
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

Recommendation: Adopt first reading of an Ordinance authorizing a lease agreement with Yi Su Hyong and Yi Myong Soon for operation of Durant Shoe Repair at Sather Gate Mall, 2432 Durant Avenue, for $1,009 per month for 651 square feet for a period of five years.

Contact: Frances David, Finance Department, 644-6476

Recommendation: Adopt first reading of an Ordinance authorizing a lease agreement with Charles and Eun Sook Lee for operation of Michelle's Yogurts and Sweets at Sather Gate Mall, 2430 Durant Avenue, for $844 per month for 420 square feet for a period of five years.

Contact: Frances David, Finance Department, 644-6476

14. Contract: Business License, Revenue Enhancement and Information Services (to be delivered)

Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing contract or execute a new contract, if necessary, and any amendments for an additional year with the Municipal Resource Consultants through June 30, 2000. This sole-sourced vendor will provide business license and other revenue enhancement and information services not to exceed 25% of the new revenue generated by activities covered in this contract.

Contact: Frances David, Finance Department, 644-6476

15. Waiving Fees for the Berkeley Blues Festival
From: Councilmember Armstrong
Recommendation: Adopt a Resolution waiving 1) permit and service fees associated with the Berkeley Blues Festival on August 28, 1999; 2) Berkeley Municipal Code Section 13.40.100 to extend the hours of amplified sound; 3) Berkeley Municipal Code (BMC) Section 20.24 to hang banners across Addison and Shattuck Avenue; and 4) direct staff to steam clean sidewalks, provide trash receptacles, barricades, and a dumpster.

Contact: Polly Armstrong, Councilmember District 8, 644-6401

Recommendation: Adopt a Resolution waiving the fees associated with performances by Woman's Will Theater Company in the Berkeley parks this summer in Live Oak Park on July 10 and 11, 1999 and in John Hinkel Park on July 24 and 25, 1999.

Contact: Polly Armstrong, Councilmember District 8, 644-6401

Recommendation: Hear an informational update from Councilmember Breland reporting on San Pablo Avenue Corridor Transit Oversight Committee.

Contact: Kriss Worthington, Councilmember District 7, 644-6398; Margaret Breland, Councilmember District 2, 644-6400

Recommendation: Request the City Manager and Police Chief review the proposed The Kinder and Safer Streets Act of 1999 and to recommend an enabling ordinance for Proposition 215 Medical Cannabis State Initiative. Also, that the City Manager and Police Chief review the increase in felony arrests for possession of small quantities of marijuana and evaluate implementation of a proposed Marijuana Felony Arrest Report.

Contact: Linda Maio, Councilmember District 1, 644-6359; Kriss Worthington, Councilmember District 7, 644-6398

Recommendation: Establish a special $1.7 million reserve fund.

Contact: Kriss Worthington, Councilmember District 7, 644-6398

Recommendation: Support AB 647 introduced by Assembly Member Aroner which expands the grounds upon which BCDC can deny a permit to fill, extract materials from, or substantially change shoreline uses of the San Francisco Bay; and notify Assembly Members, Senators, and our lobbyist of City support.

Contact: Barbara Gilbert, Assistant to Mayor, 644-6484

Recommendation: Support proclamation to honor June as Pride Month in the City of Berkeley.

Contact: Kriss Worthington, Councilmember District 7, 644-6398

22. Grant Application: Community Action Plan for Community Services Block Grant (CSBG)
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution authorizing the City Manager to submit the Fiscal Year 2000 and Fiscal Year 2001 Community Action Plan and related grant applications to the State Department of Community Services and Development for $160,000 for CSBG funds, and authorizing the City to execute the resultant agreement and any amendments.
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Commission.
Contact: Stephen Barton, Housing, 644-6001

23. Annual Assessment for the Elmwood Theater Business Improvement Area
From: Advisory Board for the Elmwood Theater Business Improvement Area
Recommendation: Adopt a Resolution: 1) approving the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 1998-99; 2) declaring an intention to levy annual assessments in the Improvement Area for 1999-2000; and 3) setting a public hearing on the levy of assessments for July 20, 1999.
Contact: Dave Fogarty, Secretary, 705-8184
a. City Manager Report
Recommendation: Concurs with the content and recommendations of the Board.
Contact: Bill Lambert, Economic Development, 705-8180

24. Telegraph Property and Business Improvement District (to be delivered)

Recommendation: Adopt a Resolution: 1) approving the Annual Report for FY 1999; 2) Resolution of Intention to levy and collect assessments for FY 2000; and 3) set a public hearing on the levy of assessments for July 20, 1999.

Recommendation: Concurs with recommendation from the Property Owners' Council.

Contact: Bill Lambert, Economic Development, 705-8170

Recommendation: Adopt a Resolution extending the time allowed for the Berkeley Repertory Theatre (BRT) to secure financing for the expansion of the Theatre for two months, to August 30, 1999.

Contact: Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Recommendation: Direct the City Manager to write to the Board of Directors of AC Transit requesting that AC Transit's restoration of services include full restoration of local evening service (to 11:00 p.m.) bus service on Line 15.

Contact: Virginia Vafa, Acting Secretary, 665-3440

Recommendation: Concurs with the content and recommendations of the Commission.

Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

27. Support and Oppose Legislative Bills Regarding Leaf Blowers
From: Community Health Commission
Recommendation: Support Leaf Blower Legislation SCR19 and oppose SB1267, AB1544 and AB1609, and send a letter to the Bill sponsors and the appropriate Senate and Assembly Committee Chairs.
Contact: Verdie Thomson, Secretary, 644-6496

Recommendation: Concurs with content and recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services, 644-6459

Recommendation: Adopt a Resolution appointing Melissa Martin (General Public Interest), Ruairi O'Sullivan (General Public Interest), Nancy Gagnon (Special Public Interest), Maureen Schulz (General Public Interest), and Sandi Harrington (Special Public Interest) and reappointing Susan Isles (Special Public Interest) to the Mental Health Commission for three-year terms.

Recommendation: Concurs with content and recommendations of the Commission.

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

Recommendation: Adopt a Resolution 1) remanding the appeal of Elliott Abrams, applicant, to: a) establish a combined residential/commercial use by raising an existing 1,400 square foot single family house by four feet to accommodate a like amount of commercial office space on the ground floor at 2228 Sixth Street; b) construct 344 square feet of commercial office space at the rear of the new ground floor for a total of 1,744 square feet; c) add four parking spaces; and d) allow the continuance of a non-conforming 4'10" side yard, back to the Zoning Adjustments Board for a new public hearing to investigate and reconsider the issues of open space and parking based on the applicant's stated intent to revise the project to address the issues raised by the Board; and 2) directing the Zoning Adjustments Board to require a shadow study be submitted by the applicant to allow the Board to better evaluate the potential for detriment to the adjacent properties from shadowing resulting from the raising of the structure.
Contact: Liz Epstein, Planning and Development, 705-8105

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.

30. Budget Recommendations from Commissions:
a. Citizens Budget Review Commission: Annual Budget Report dated June 8, 1999 Recommendation: Council take the following action: 1) Regarding the budget development process, direct the City Manager to continue to develop a rolling five-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 five-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

b. Housing Advisory Commission Report dated June 15, 1999
Recommendation: Allocate $1,000,000 from the Fiscal Year 2000 General Fund Budget for the Housing Trust Fund (HTF) to help address the housing affordability crisis in the City and to allow the implementation of housing goals contained in the Consolidated Plan and the Continuum of Care Plan.
Contact: Oscar Sung, Secretary, 655-3469

a. Budget Information Reports on Questions Raised since June 15, 1999 (to be delivered)
From: City Manager

Contact: Phil Kamlarz, Deputy City Manager, 644-6580

32. Amendments to City Manager's Proposed FY 2000 and FY 2001 Budgets:
a. Mayor Dean: Proposed Amendments to City Manager's Budget dated June 8, 1999
Contact: Shirley Dean, Mayor, 644-6484
b. Vice Mayor Shirek, Councilmembers Maio, Spring and Worthington: Proposed Amendments to City Manager's Budget dated June 8, 1999
Contact: Contact: Maudelle Shirek, Councilmember District 3, 644-6243; Linda Maio, Councilmember District 1, 644-6359; Dona Spring, Councilmember District 4, 644-6266; Kriss Worthington, Councilmember District 7, 644-6398

c. Side-by-side summary comparison of proposed amendments

Contact: Phil Kamlarz, Deputy City Manager, 644-6580

d. City Manager comments on proposals to amend budgets from June 15, 1999

Contact: Phil Kamlarz, Deputy City Manager, 644-6580

a. City Manager Report (to be delivered)
Recommendation: Adopt a Resolution adopting the Biennial Budget for FY 2000 and FY 2001 as amended by Mayor and Council.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

35. Annual Appropriations Ordinance (to be delivered)

Recommendation: Adopt first reading of Annual Appropriations Ordinance in the amount of $270,840,383 (gross) and $232,075,638 (net).

Contact: Phil Kamlarz, Deputy City Manager, 644-6580

36. Appropriations Limit for Fiscal Year 2000
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit for Fiscal Year 2000 at $106,164,296 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Contact: Frances David, Finance, 644-6476

Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 1999 until the effective date of the FY 2000 Annual Appropriations Ordinance.

Contact: Frances David, Finance, 644-6476

38. Setting FY2000 Tax Rate for Measure S General Obligation Bonds
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the Fiscal Year 2000 Tax Rate for the Measure S General Obligation Bonds (Election of 1996) at 0.0550%.
Contact: Frances David, Finance, 644-6476

39. Setting FY2000 Tax Rate for Fire Seismic General Obligation Bonds
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the Fiscal Year 2000 Tax Rate for the Fire Seismic General Obligation Bonds (Election of 1992) at 0.0392%.
Contact: Frances David, Finance, 644-6476

40. Levying of Emergency Medical Services Tax
From: City Manager
Recommendation: Adopt first reading of an Ordinance levying a special tax of $0.02275 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents to replace the previous City assessments that were lost July 1, 1997 as a result of State Proposition 218.
Contact: Frances David, Finance, 644-6476

41. Levying of Maintenance of City Parks, Trees and Landscaping Tax
From: City Manager
Recommendation: Adopt first reading of an Ordinance levying a special tax of $0.0782 per square foot of improvements to fund the maintenance of parks, City trees and landscaping as approved by voters on May 6, 1997.
Contact: Frances David, Finance, 644-6476

42. Levying of Business License Tax on Large Non-Profits and Setting FY 1999 and FY 2000 Tax Rates (to be delivered)

Recommendation: Adopt first reading of an Ordinance levying a reduced business license tax rate for large non-profits based on revised data for calculation of the tax.

Contact: Phil Kamlarz, Deputy City Manager, 644-6580

43. Levying of Library Services Tax
From: City Manager
Recommendation: Adopt first reading of an Ordinance levying a special tax of $0.09762 per square foot of dwelling units and $0.1476 per square feet for industrial, commercial and institutional buildings.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580 s David, Finance, 644-6476

From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2000 tax rate for the provision of emergency services for the severely disabled at $0.012 per square foot of improvements, as approved by the voters on November 3, 1998.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

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 *.

45. Decision Regarding Administrative Tow Fee (public hearing held June 15, 1999)
From: City Manager
Recommendation: Adopt a Resolution increasing the fee for redemption of vehicles towed pursuant to California Vehicle Code and Berkeley Municipal Code (BMC) Section 14.36.050 and rescinding Resolution No. 55,954-N.S.
Contact: Dash Butler, Police, 644-6568

46. Decision Regarding Establishment of The Arlington Street Light Upgrading Assessment District (public hearing held June 15, 1999)

Recommendation: Adopt a Resolution establishing the Arlington Street Light Upgrading Assessment District 1999-1, confirming the diagram and assessment, and levying the assessment for a five-year period.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

47. Decision Regarding Levying Assessments for the Berkeley Street Lighting Assessment District No. 1982-1 for Fiscal Year 2000 (public hearing held June 15, 1999)
From: City Manager
Recommendation: Adopt a Resolution confirming diagrams and assessments and levying assessments for Fiscal Year 2000 for the Berkeley Street Lighting Assessment District No. 1982-1.
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

48. Minutes for Approval (held over from April 27, May 11, 25 and June 8 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

49. Minutes for Approval (Removed from consent by Mayor Dean and held over from May 25 and June 8 meetings)
From: City Manager
Recommendation: Approve the minutes for Council meeting of: a) April 20, 1999 (regular).
Contact: Sherry M. Kelly, City Clerk, 644-6480

50. Redevelopment Agency Annual Report (removed from Consent by Councilmember Spring and held over from April 13 and June 8 meetings)
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

51. Residential Permit Parking Decision (held over from April 27 and June 8 meetings)
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

52. Decision on Planning and Development Department Services Fees (public hearing held May 18^th - decision continued to June 8 meeting - held over from 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

53. Contract: Spiral Sidewalk Repair Project (removed from consent by Councilmember Spring and held over from June 8 meeting)
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

54. Sather Gate Garage Status Report (moved to Action by Councilmember Worthington from June 8 meeting)
From: City Manager
Contact: Frances David, Finance, 644-6476

55. Roundabouts on Ellsworth at Stuart and Parker (CR 99-56) (moved to Action by Councilmember Worthington from June 8 meeting)
From: City Manager
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

56. Street Design Guidelines (removed from Consent by Councilmember Spring and held over from April 27, May 11, 25, and June 8 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

57. City-Owned Parking Lots (removed from Consent by Councilmember Spring and held over from May 25 and June 8 meetings)
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

58. Expand Undergrounding of Utilities (removed from consent by Councilmember Maio and held over from June 8 meeting)
From: Mayor Dean, and Councilmembers Olds and Armstrong (revised report)
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 communities' accruals of "uncommitted allocations" carried over year to year; and 7) Explore increasing Rule 20A allocation by changing the allocation formula; 8) Explore the benefits from an economy of scale that might come from a Rule 20B project being an add-on to a Rule 20A project; 9) Explore new trenching technology that might be less expensive, and the possibility of using groups such as Community Conservation Corps to trench between street/sidewalk across private property; and 10) The Commission would be responsible for development of a mission statement (to be submitted to Council for approval) which would aggressively pursue undergrounding of utilities and mention such items as improving safety and how the City intends to proceed when low-income participants are involved, and which would position the City to pursue grants such as FEMA for safety purposes.
Contact: Shirley Dean, Mayor, 644-6484; Betty Olds, Councilmember District 6, 644-6399; Polly Armstrong, Councilmember District 8, 644-6401

59. Civic Center Area Parking (removed from consent by Councilmember Spring and held over from June 8 meeting)
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

60. State Tobacco Settlement Fund (removed from consent by Councilmember Spring and held over from June 8 meeting)
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

61. Marina Improvements (held over from June 8 meeting)
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

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Eden Council for Hope and Opportunities, Inc. (ECHO) to provide services under the Homelessness Prevention Program (HPP) in an amount not to exceed $220,000 for FY 2000 and FY 2001, and authorizing a two-month advance payment.

Contact: Jane Micallef, Secretary, 644-8616

Recommendation: The recommendations contained in this report affect budget and/or other programs. Take no action until these matters have been considered and a report can be submitted for Council consideration. While no budget provision has been made for the continuation of this program, it is recommended that, if funding is provided to the Housing Trust Fund, an allocation in the amount of $110,000 per year for a total of $220,000 over two years be made from the Housing Trust Fund to the Homelessness Prevention Program for administering this program.

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

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Catholic Charities of the East Bay to provide services under the HIV/AIDS Housing Assistance Program in an amount not to exceed $120,000 for FY 2000 and FY 2001, and authorizing a two-month advance payment.

Contact: Jane Micallef, Secretary, 644-8616

Recommendation: The recommendations contained in this report affect budget and/or other programs. Take no action until these matters have been considered and a report can be submitted for Council consideration. While no budget provision has been made for the continuation of this program, it is recommended that, if funding is provided to the Housing Trust Fund, an allocation in the amount of $60,000 per year for a total of $120,000 over two years be made from the Housing Trust Fund to the HIV/AIDS Housing Assistance Program for this program.

65. Commission on Child Care
From: Task Force on Child Care Compensation
Recommendation: Adopt a Resolution establishing a Commission on Child Care and authorizing the Council to make appointments pursuant to the Fair Representation Ordinance (Berkeley Municipal Code Sections 2.04.030 through 2.04.130).
Contact: Marianne Graham, Secretary, 665-3475
a. City Manager Report
Recommendation: That Council forgo creating a Commission on Child Care at this time but suggest it as a future project to incorporate some of the ideas and concerns of the child care community. There is no money allocated for the creation of this Commission or to support the programs. Furthermore, creating a Commission dedicated only to child care is a very narrow mission.
Contact: Stephen Barton, Housing, 644-6001

66. Formal Bid Solicitations and Requests for Proposals
From: City Manager
Contact: Frances David, Finance, 644-6476

67. Ecology Center Performance Measures (CR 99-39)
From: City Manager
Contact: Andreas Campos-Kreutzer, Public Works, 644-6506

68. Status on the Retention of Urban Ore (CR 99-68)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180

69. Ground Floor Food Service Business (CR 99-62)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180

70. Management Study of the Black Repertory Group
From: City Auditor
Contact: Ann-Marie Hogan, City Auditor, 644-6440

From: City Auditor

Contact: Ann-Marie Hogan, City Auditor, 644-6440

Communications

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

1. Nicholas Burgoyne, regarding establishing a commission on City-University relations.

2. Beebo Turman and Karl Linn, Berkeley Community Gardening Collaborative, regarding funding for the Gardening Collaborative.

3. L.A. Wood, regarding Pacific Steel Casting Co. permit review.

4. Robin M. Donald, regarding Berkeley's 1979 Marijuana Ordinance.

5. Mary Ciddio, regarding city-generated "anti-landlord propaganda."

6. William Falik, regarding potential re-striping of traffic lanes on Claremont.

7. Regarding implementation of the Berkeley Bicycle Plan:

a) Patrick McCully

b) Barry Bredt

8. John Threadgill, regarding poor police response to his calls.

9. David Kessler, re: complaints about the Berkeley Transportation Commission.

10. Kem Loong, regarding unsatisfactory refuse collection.

11. Regarding a University of California relations commission:

a) Nancy Holland

b) J.M. Sharp

12. Regarding traffic safety and unsafe intersections:

a) Walter Cheng

b) Cristina DeMatus

13. John Vance, A First Amendment Center, regarding marijuana arrests in Berkeley.