REGULAR BERKELEY CITY COUNCIL MEETING

TUESDAY, JUNE 15, 1999

Roll Call: 7:05 p.m. All present.

Comments from the City Manager :

Comments from the Public: 14 speakers.

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

1. Contract Amendment: Banking Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Bank of the West to provide banking services for the City of Berkeley by extending the term to September 30, 1999 and increasing the amount $15,000.
Contact: Frances David, Finance, 644-6476
Action: Adopted Resolution No. 60,065-N.S.

2. Contract: Emergency Services for the Disabled
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Easy Does It Services (EDI) for the operation of the Emergency Services for the disabled community in an amount not to exceed $750,000 for annual operation and equipment purchase.
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
Action: Removed from the Consent Calendar by Councilmember Spring. Moved, seconded, carried (Spring/Woolley) to adopt Resolution No. 60,066-N.S. incorporating the provisions proposed by Councilmember Woolley and by Councilmember Spring, Items 1, 2, 3, 4, 6 and 7; to seriously consider the items proposed by the Emergency Services Program Oversight Committee; to authorize a two-month advance payment; and to thank the Oversight Committee for its work.

3. Lease Agreement: Sather Gate Mall Bookstore
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing a lease agreement with Paul Hon for operation of Amana Christian Bookstore at Sather Gate Mall, 2431 Durant Avenue, for $1,640 per month for a period of five years with annual increases.
Contact: Frances David, Finance, 644-6476
Action: Adopted first reading of Ordinance. Second reading June 22, 1999.

4. Contract: Career Life Planning and Academic Enrichment Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Adult School to conduct Career Life Planning and Academic Enrichment Programs for the 1999 Summer Job Training Partnership Act, Title II, Summer Youth Employment and Training Program in an amount not to exceed $22,000 for the period June 1, 1999 through July 30, 1999.
Contact: Fred Medrano, Health and Human Services, 644-6459
Action: Adopted Resolution No. 60,067-N.S.

5. 1998 Berkeley Fire Code
From: City Manager
Recommendation: 1) Adopt a Resolution adopting findings as to local climatic, geological, and topographical conditions rendering local fire standards that are more stringent than those mandated by the 1998 California Fire Code; and 2) Adopt first reading of an Ordinance 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.
Contact: Reginald Garcia, Fire, 644-6665
Action: Adopted Resolution No. 60,068-N.S. and adopted first reading of Ordinance. Second reading June 22, 1999.

6. Loan Agreement: Energy Efficient Traffic Signals
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a loan agreement and any amendments with the California Energy Commission for $329,600 at 5.4% interest for the installation of high efficiency traffic signals for the period July 1, 1999 to December 31, 2009.
Contact: Stephen Barton, Housing, 644-6001
Action: Adopted Resolution No. 60,069-N.S.

7. Expand Sather Gate Garage
From: City Manager
Recommendation: Authorize the City Manager to explore the feasibility of and negotiate alternate options for a joint venture with the First Presbyterian Church of Berkeley to possibly expand the Sather Gate Parking Garage.
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Approved recommendation and referred the matter to the Southside Plan.

8. Tritium-Filled "Exit" Signs
From: Councilmember Armstrong
Recommendation: Refer to the Community Environmental Advisory Commission the issue of "Exit" signs in Berkeley which contain tritium gas.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: Approved recommendation.

9. Support AC Transit BART-UC Shuttle Buses
From: Councilmember Armstrong
Recommendation: Request the City Manager notify AC Transit Board of Directors that the City enthusiastically endorses the proposed new shuttle to run between Rockridge BART and the UC Campus, as well as the proposals for restoring weekend and late night service on several bus lines.
Contact: Polly Armstrong, Councilmember District 8, 644-6401
Action: Approved recommendation.

10. Proclamation: Carl Blumstein
From: Councilmember Maio
Recommendation: Approve a proclamation honoring Carl Blumstein's 20 years of service to the Berkeley Energy Commission and present it at the June 22 Council meeting.
Contact: Linda Maio, Councilmember District 1, 644-6359
Action: Approved recommendation.

11. Proclamation and Donation: Thenjiwe Mtintso
From: Councilmember Worthington
Recommendation: Support a proclamation for South Africa's African National Congress (ANC) Deputy Secretary General Thenjiwe Mtintso, and adopt a Resolution donating $500 to the San Francisco Bay Area Chapter of the National Lawyers' Guild to publicize and promote her public speaking events and citizen diplomacy with Berkeley community groups.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation and adopted Resolution No. 60,070-N.S. (Abstain - Armstrong)

12. Proclamation: Aquarian Minyan 25^th Anniversary
From: Councilmember Worthington
Recommendation: Support a proclamation for the 25^th Anniversary of the Aquarian Minyan.
Contact: Kriss Worthington, Councilmember District 7, 644-6398
Action: Approved recommendation. (Abstain - Armstrong, Woolley)

13. Codornices Trail and Greenway Proposal
From: Councilmembers Worthington and Spring
Recommendation: Refer the Codornices Trail and Greenway proposal (alongside the new Post Office between Sixth Street, Eighth Street, Harrison Street and Codornices Creek) to the Parks and Recreation Commission, Public Works Commission, Budget Commission and Commission on Disabilities.
Contact: Kriss Worthington, Councilmember District 7, 644-6398; Dona Spring, Councilmember District 4, 644-6266
Action: Approved recommendation as revised above.

14. Schedule Presentation on June 15 on Berkeley High School Aquatic Park Project
From: Mayor Dean
Recommendation: Schedule a 15-minute presentation following the Consent Calendar at tonight's meeting from Berkeley High School students regarding their Aquatic Park Science Project.
Contact: Barbara Gilbert, Mayor's Office, 644-6484
Action: Approved recommendation and heard presentation.

15. Support SB29, AB295, and AB1097: Firearms
From: Mayor Dean
Recommendation: Support SB29, AB295, and AB1097 which increases State regulations on firearms, and notify our Sacramento representatives, our Sacramento lobbyist, and the East Bay Public Safety Corridor Committee of Berkeley's support.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484
Action: Approved recommendation.

16. Early Intervention for Hearing Loss in Newborns
From: Commission on Disability
Recommendation: Direct the Public Works Department Health and Human Services Department to write to pediatricians, obstetricians-gynecologists, hospitals, and birthing centers of Berkeley urging early intervention and attention to issues of hearing loss in newborn children.
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 as revised above

17. City Manager Supplemental Budget Reports:
a. City Manager Budget Recommendations (The City Manager's Budget Recommendations are stated in the Fiscal Years 2000 and 2001 Biennial Budget Book)
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
b. Information Report on Response to Questions Related to the Budget dated June 4, 1999
Contact: Phil Kamlarz, Deputy City Manager, 644-6580
c. Information Report on Response to Questions Raised at June 8, 1999 meeting (to be delivered)
Contact: Phil Kamlarz, Deputy City Manager, 644-6580

Public Testimony: The Mayor opened the public hearing. 65 speakers heard. Moved, seconded, carried (Armstrong/Worthington) to close the public hearing. Decision to be made on June 22, 1999.

18. Mayor and Council Proposals and Referrals for Amendments to the City Manager's 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

Public Testimony: The Mayor opened the public hearing as part of Item 17 above. Decision to be made on June 22, 1999.

19. 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 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
b. Transportation Commission Report
Recommendation: 1) Adopt the following budget recommendations from the City Manager's FY 2000 and FY 2001 budget: a) creation of the Transportation Manager position in the Planning and Development Department, b) $100,000 per year in additional funds for bicycle projects, c) addition of three traffic enforcement officers in the Police Department; and 2) Approve the following additional items as part of the FY 2000 and FY 2001 budget: a) $35,000 annually to maintain the bicycle/pedestrian safety education program; b) increased funding for repaving of streets; c) addition of a Transportation Planner in the Planning Department to work on major projects such as surface (bus/rail) and water (ferry) transit improvements and traffic
Contact: Nathan Landau, Secretary, 705-8136

Public Testimony: The Mayor opened the public hearing as part of Items 17 and 18 above. Decision to be made on June 22, 1999.

20. Public Hearing: Administrative Tow Fee
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, 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

Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Armstrong/Maio) to close the public hearing. Decision to be made on June 22, 1999.


21. Public Hearing: Establishment of The Arlington Street Light Upgrading Assessment District
From: City Manager
Recommendation: Conduct a public hearing to hear protests and tabulate ballots, and upon conclusion, 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

Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Woolley/Maio; Absent - Worthington) to close the public hearing. Decision to be made on June 22, 1999.

22. Public Hearing: Levying Assessments for the Berkeley Street Lighting Assessment District No. 1982-1 for Fiscal Year 2000
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, 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
Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Armstrong/Maio) to close the public hearing. Decision to be made on June 22, 1999.

23. Public Hearing: Energy Services Contract
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to execute a sole source energy services contract and any amendments with Electro Test, Inc. in an amount not to exceed $303,600 for the period July 5, 1999 to July 4, 2004, for services and materials to implement an energy conservation program through the conversion of traffic signals from incandescent bulbs to high efficiency light emitting diodes under Pacific Gas Electric Company's Power Saving Partners Program.
Contact: Stephen Barton, Housing, 644-6001

Public Testimony: The Mayor opened the public hearing. No speakers heard. Moved, seconded, carried (Armstrong/Worthington) to close the public hearing.
Action: Moved, seconded, carried (Worthington/Armstrong) to adopt Resolution No. 60,071-N.S.

24. 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)
From: City Manager
Recommendation: Continue the hearing on 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, to July 20, 1999.
Contact: Liz Epstein, Planning and Development, 705-8105
Action: Moved, seconded, carried (Shirek/Worthington) to continue the public hearing to July 20, 1999.

 Information Reports

Civic Center Building Addition (to be delivered)
From: City Manager
Contact: Rene Cardinaux, Capital Projects, 644-6580
Action: Received and filed.

Communications

1. Michael Katz, regarding the ferry expansion plan. Olds, Breland, Spring, Dean

2. Regarding school graduation dates and Board of Education Meeting:

3. Regarding City Manager's budget request for the Berkeley Bicycle Plan: Breland, Spring, Dean

4. Patrick Kennedy, Panoramic Interests, transmitting copy of magazine article regarding skyscrapers.

5. Linda Lazzareschi, Women's Daytime Drop-In Center, regarding waivers of building permit/design review costs, grants, for 2218 Acton Street construction. Maio, Dean

6. Mary Ann Harrel, regarding TCI Cable of California. Olds, Maio, Breland, Dean, Spring

7. Gina Cummings, Physicians for Human Rights, regarding the Campaign to Ban Landmines.

8. Cynthia and Stewart Robinson, requesting clarification of condition placed on 1812 Rose Street - Resolution No. 60,004-N.S. Maio

9. L.A. Wood, regarding Public Works Commission Brown Act posting requirements. Spring, Dean

10. Lori J. Taguma, regarding parking ticket policies and procedures. Maio, Spring, Woolley, Dean

11. Marie Bowman, Neighbors for Mixed Use, regarding 2501 Sacramento Street. Olds, Breland, Dean

12. Measure E Oversight Committee, regarding Easy Does It's proposal for Measure E funding.

13. Rick Chan and Pat McCullough, IBEW Local 1245 Shop Stewards regarding Fiscal Year 2000 and Fiscal Year 2001 Budget. Maio, Breland, Spring, Dean

14. John Vance, A First Amendment Center, regarding the 21^st Annual Health & Harmony Music & Arts Festival; regarding protesting the war in Yugoslavia; regarding The Modern Emperor's New Clothes and a possible Serb invasion of Bavaria; and regarding the June 5^th anti-war march at the Pentagon; regarding World Meditation Day (8/11/99).

SUPPLEMENTAL COMMUNICATIONS

Re: Item 2 – Contract: Emergency Services for the Disabled

1. Commission on Disability, report and recommendation.

2. James Keene, City Manager, supplemental report

Re: Item 17 – Public Hearing: Fiscal Year 2000 and Fiscal Year 2001 Budget

Regarding signal at Claremont and Ashby: Armstrong, Worthington

3. Alice R. Taylor

4. Martha Grubb

5. Elizabeth and Howard Shugart

6. Mary Montali

7. Rachel, Robert and Kathy Glaeser

8. Alma Gardner and Chester Weseman

9. John T. Lyman, Kay H. Woodruff

10. Diana Cohen, Bill Falik

11. A. Jacobsohn, A.

12. Sunessa Schettler

13. Warren Chick

14. Henry P. and Virginia F. Anderson

15. Renee Bott and Scott Mertens

16. Stephen J. F. Zuber, D.P.M.

17. Sher Nab and Dr. Sam Tabachnik

18. Ted Gartner, Chairperson, Public Works Commission, regarding proposal to transfer telephone service responsibilities Armstrong, Dean, Olds, Woolley

19. Lisa Bullwinkel, Executive Director, Solano Avenue Association Woolley, Dean

Re: Item 18(b) - Public Hearing: Mayor and Council Proposals and Referrals for Amendments to the City Manager's FY 2000 and FY 2001 Budgets

20. Commission on Disability, regarding funding for Warm Water Pool Spring, Breland, Dean

21. Sasha Futran, regarding Warm Water Pool Spring, Breland, Dean

Re: Item 19(b) - Public Hearing: Budget Recommendations from Commissions

22. D. Mark Abrahams, regarding funding for Bicycle Plan

23. Dave Campbell, regarding funding for bicycle projects

Re: Item 21 – Public Hearing: Establishment of the Arlington Street Light Upgrading Assessment District

24. James Keene, City Manager, supplemental report.

Action: Moved, seconded, carried (Maio/Worthington) to extend the meeting past 11:00 p.m. to complete the agenda.

The meeting adjourned at 1:05 a.m.