REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, MAY 18, 1999

SUMMARY

Preliminary Matters

Roll Call: 7:00 p.m. All present.

Comments from the City Manager:

Comments from the Public: Six speakers.

Action: Moved, seconded, carried (Worthington/Armstrong) to adopt Consent Calendar in one motion except as indicated.

1. Ordinance for Second Reading:
a. Adding a Section to Chapter 13.36 (Disorderly Conduct) enabling the City Manager to establish building security rules for City Buildings. (Absent - Councilmember Armstrong)
Action: Adopted second reading of Ordinance No. 6486-N.S. In effect: June 17, 1999.

2. Public Liability Settlement: Sabrina Richardson
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Attorney to settle Public Liability Claim 99-063 in the matter of Sabrina Richardson in the amount of $10,000.
Contact: Manuela Albuquerque, City Attorney, 644-6380
Action: Adopted Resolution No. 60,030-N.S.

3. Strawberry Creek Downtown (to be delivered)
From: City Manager
Recommendation: Adopt a Resolution amending authorizing language to include the Strawberry Creek Downtown Project in the Water Resources Development Act (WRDA) for Federal funding.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Removed from the Consent Calendar by Councilmember Maio. Moved, seconded, carried (Armstrong/Woolley; Absent – Breland, Maio) to adopt Resolution No. 60,031-N.S.

4. Grant Application: Shelter Plus Care Supportive Housing Proposals
From: City Manager
Recommendation: Adopt a Resolution authorizing submission of two applications to the Federal Department of Housing and Urban Development (HUD) in the amount of $1,605,240 for the Continuum of Care Homeless Assistance Programs, and authorizing the City Manager to execute resultant agreements and any amendments for the period July 1, 2000 to June 30, 2005.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 60,032-N.S.

5. Contract Amendment: Child Care Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Ephesian Children’s Center for a child care center by extending the contract through September 30, 1999.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 60,033-N.S.

6. Contract: Excess Workers Compensation Insurance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments and endorsements with Continental Casualty Company for $87,500 pay the insurance premium and brokerage commission to Goldman Insurance for Excess Workers’ Compensation Insurance for the period May 1, 1999 through May 1, 2000.
Contact: Ronald Brown, Personnel, 644-6951
Action: Adopted Resolution No. 60,034-N.S.

7. Budget Referral: Café Activities at Berkeley High School
From: Vice Mayor Shirek
Recommendation: Refer to the budget process a request for $5,000 to support activities at the "Good Food Café" located at Berkeley High School.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243
Action: Approved recommendation and asked the City Manager to provide additional information on proposed use of the funds.

8. Budget Referral: Construction Trades Training Program
From: Vice Mayor Shirek and Councilmember Breland
Recommendation: Refer to the budget process a request for $70,000 to implement a Construction Trades Training Program in conjunction with the Berkeley Unified School District, National Youth Build, the Alameda County Building Trades Council and the Mandela Training Center.
Contact: Maudelle Shirek, Councilmember District 3, 644-6243; Margaret Breland, Councilmember District 2, 644-6400
Action: Approved recommendation and requested budget information from the Women’s Alliance and for clarification of the Mandela Training Center policies.

9. City-Wide Payroll Audit
From: City Auditor
Recommendation: Request the City Manager report back by January 31, 2000 regarding implementation of the recommendations as outlined in the report.
Contact: Ann-Marie Hogan, City Auditor, 644-6440
Action: Approved recommendation.

10. Military Action in Iraq
From: Peace and Justice Commission
Recommendation: Send a letter to President Clinton opposing the United States’ and United Kingdom’s air strikes on Iraq in their "No Fly Zones", and send copies to Senators Barbara Boxer and Diane Feinstein, and Congresswoman Barbara Lee.
Contact: Manuel Hector, Secretary, 644-6459
a. City Manager Report
Recommendation: The City Manager takes no position on this subject.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Approved recommendation. (Noes – Olds, Dean; Abstain – Armstrong)

11. Public Hearing: Fiscal Years 2000 and 2001 Budgets
From: City Manager (see budget book)
Recommendation: Conduct a public hearing on the City Manager's Fiscal Years 2000 and 2001 Proposed Biennial Budgets and set a date for adoption.
a.   Budget Referral List (to be delivered)
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Public Testimony: The Mayor opened the public hearing. Thirty speakers heard. Moved, seconded, carried (Armstrong/Maio) to close the public hearing. Requested information from the City Manager regarding current rental rates in Berkeley and market trends.

12. Public Hearings: Establishment and Increase of City Fees, Rates and Other Charges
a. Berkeley Aquatic Park Fees
Recommendation: Conduct a public hearing and upon conclusion, 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
Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Armstrong/Maio) to close the public hearing.
Action: Decision to be made on June 8, 1999.

b. Planning and Development Department Services
Recommendation: Conduct a public hearing and upon conclusion, 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
Public Testimony: The Mayor opened the public hearing. One speakers heard. Moved, seconded, carried (Armstrong/Breland) to close the public hearing.
Action: Decision to be made on June 8, 1999.

c. Refuse Collection and Transfer Station Services (to be delivered)
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

Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Armstrong/Breland) to close the public hearing.

Action: Decision to be made on June 8, 1999. Referred to Solid Waste Commission to consider scaled rates.

d. City-Owned Off-Street Parking Lots and Garages (to be delivered)
Recommendation: Conduct a public hearing and upon conclusion, adopt four Resolutions: a) Amending Resolution No. 44,147-N.S., to increase rates and charges for Sather Gate Garage; b) Increasing rates and fixing hours of operation for Center Street Garage, and rescinding Resolution No. 39,095-N.S.; c) Amending Resolution No. 57,678-N.S. to provide that Oxford-Fulton Street Lot remain attended, and changing the fee structure to a graduated rate to encourage short-term parking
Contact: Frances David, Finance, 644-6476
Action: Withdrawn by the City Manager and rescheduled to June 15, 1999.

13. 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.
b.    City Manager Report *
Recommendation: Continue the hearing on this matter to June 15, 1999.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Moved to Consent Calendar and approved City Manager recommendation to continue the public hearing to June 15, 1999.

Information Reports

14. Black Repertory Group Lease
From: City Manager
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Received and filed.

Communications

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

Page No.

1. Osman Vincent, Neighborhood Cleanup Program. Breland, Maio, Spring, Dean

2. Karen Sarlo, regarding May 5^th Board of Education meeting.

3. Richard Wesell, Live Oak Codornices Creek Neighborhood Association, regarding Napoleon Byrne Landmarked Site, #13, 1301 Oxford Street. Spring

4. Raymond Chamberlin, regarding the BMC Project. Dean

5. Warren J. Kirk, President, Alta Bates Medical Center, regarding the partnership between Alta Bates and Summit Medical Centers. Breland

6. Donna McKinney, Secretary, San Pablo Neighborhood Council, regarding the zoning of District 2. Breland, Maio, Spring, Dean

7. Regarding funding and the 1999-2000 Fiscal Year Budget:

8. Emily Lazarre, regarding Berkeley Village. Breland, Spring

9. Robert Bisno, Chairman and C.E.O., Trans-Action Companies Ltd., regarding Hink's Parking Garage. Olds, Dean

10. John Vance, regarding UC Berkeley hunger strike and Fall Creek Tree Village.

11. L. A. Wood regarding Pacific Steel Casting (received at meeting) Worthington

Meeting adjourned at 10:20 p.m.