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 carried over to the next regular
meeting.
1.
Lease: Central Duplicating and Mail Service (PDF, 331 KB)
From: City Manager
Recommendation: Adopt second reading of an Ordinance
authorizing the City Manager to accept a month-to-month tenancy with
RILCO-Center, LLC for continued occupancy of that portion of 2055 Center Street
used for central duplicating and mail services and authorizing up to seven
months of rental payments at $5,250 per month, for a total not to exceed
$36,750 in FY 2004, and further authorizing additional operating expenses of
approximately $7,000 for maintenance and utilities.
Contact: Fran David, Finance, 981-7323
2.
Revision to Rental Housing Safety Program (PDF, 982 KB) (Noes – Olds, Worthington)
From: City Manager
Recommendation: Adopt second reading of an Ordinance
amending Sections 12.48.030, 12.48.050, and 12.48.110 of the Berkeley Municipal
Code (BMC) and adding sections 12.48.120 and 19.40.110 to allow for changes to
the Rental Housing Safety Program (RHSP).
Contact:
Stephen Barton, Housing, 981-5400
3.
Residential Preferential Parking (PDF, 619 KB)
From: City
Manager
Recommendation:
Adopt second reading of an Ordinance amending Berkeley Municipal Code
(BMC) Chapter 14.72 regarding administrative changes.
Contacts: Fran David, Finance, 981-7300 and Peter Hillier,
Transportation, 981-7000
4.
Accessory Dwelling Units (PDF, 4 MB)
From: City Manager
Recommendation: Adopt second reading of an Ordinance
amending various sections of the Berkeley Municipal Code (BMC) Title 23
relating to Accessory Dwelling Units.
Contact:
Phil Kamlarz, Planning, 981-7400
5.
Amend Council Meeting Schedule (PDF, 1 MB)
From: City Manager
Recommendation: 1) Adopt a Resolution amending
Resolution No. 61,770-N.S., the Council Meeting Schedule for 2003, to cancel
the meeting of October 7th and add a regular meeting on November 4th
and 2) schedule special meetings for 5 p.m. prior to each regular meeting from
September through December 2003.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
6.
Settlement Agreement: Debbie Ellis v. City of Berkeley (PDF, 153 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement
of the Alameda County Superior Court Action No. 2002 040564 entitled Debbie
Ellis v. City of Berkeley in the amount of $120,000.
Contact:
Manuela Albuquerque, City Attorney, 981-6950
7.
Trigger Locks on Firearms (PDF, 381 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending
Berkeley Municipal Code (BMC) Section 9.72.080 of the Firearms Dealers
Ordinance by repealing Subsection G regulating trigger locks due to passage of
a comprehensive state law making the local law duplicative.
Contact:
Manuela Albuquerque, City Attorney, 981-6950
8.
Increase to Living Wage (PDF, 337 KB)
From: City Manager
Recommendation: 1) Adopt a Resolution increasing the living
wage from $9.75 to $10.76 (if medical benefits are not provided) or $11.37 to
$12.55 (if medical benefits are not provided)effective July 16, 2003; and 2)
adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC)
Section 13.27.050.A and D to provide that the living wage be adjusted
automatically effective June 30th of each year commensurate with the
corresponding increase in the Consumer Price Index (CPI) published in April of
each year.
Contact:
Phil Kamlarz, City Manager, 981-7000
9.
Contract: Berkeley Art Center Association (PDF, 418 KB)
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to a contract and any
amendments with the Berkeley Art Center Association (BACA) in an amount not to
exceed $56,227 to present exhibitions of significant community and regional art
to serve as a catalyst for arts enrichment, advocacy, and community
participation for the period of September 1, 2003 through August 31, 2004.
Contact: Tom Myers, Economic Development, 981-7530
10.
Contract: Berkeley's Best Builders Green Building (PDF, 468 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a contract and any amendments with the Green Resource Center
(GRC) for the period July 1, 2003 to June 30, 2004 in an amount not to exceed
$35,000.
Contact:
Tom Myers, Economic Development, 981-7530
11.
Contract: Berkeley Convention and Visitors Bureau and Film
Office (PDF, 495 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a sole-source contract and any amendments with the Berkeley
Convention and Visitors Bureau and Film Office in an amount not to exceed
$228,375 in FY 2004 to provide for continued program development and marketing
plan implementation to assist visitors.
Contact:
Tom Myers, Economic Development, 981-7530
12.
Loans: Aurora Theater and The Berkeley Society for the
Preservation of Traditional Music (PDF, 321 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to extend the repayment terms for the loans to Aurora Theater and The
Berkeley Society for the Preservation of Traditional Music.
Contact:
Tom Myers, Economic Development, 981-7530
13.
Loans: Jazzschool
Foundation (PDF, 323 KB) (To be delivered)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to make a $30,000 working capital loan from the Citywide Loan Fund to
the Jazzschool Foundation, providing that the loan will: 1) be secured by a chattel mortgage on the
existing assets of the Foundation and by personal guarantees; 2) be repaid over
5 years at the established interest rate for the Fund; and 3) is contingent
upon receiving satisfactory documentation that the Foundation has acquired the
Jazzschool.
Contact:
Tom Myers, Economic Development, 981-7530
14.
Sale of Treasury Bond Investments (PDF, 1 MB)
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to sell the 12,624
Treasury Bonds held in the City’s Sale/Lease Financing Debt Service Fund as
soon as practicable and use the proceeds to pay off all the outstanding 1996
Refunding Lease Revenue Bonds by December 1, 2003.
Contact: Fran David, Finance, 981-7300
15.
Contract: Youth Employment Services (PDF, 384 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a contract and any amendments with the Alameda Point
Collaborative to provide youth employment services for the North Cities
Collaborative for the period July 1, 2003 to June 30, 2004 in an amount not to
exceed $72,000.
Contact:
Fred Medrano, Health and Human Services, 981-5100
16.
Contract: Environmental Services at Berkeley Street Skate Park (PDF, 385 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a contract and any amendments with SOMA Corporation in an
amount not to exceed $40,000 for the period May 1, 2003 through November 1,
2003 to provide environmental consulting services to develop and test protocols
for cleaning the skate park in order to eliminate any possible residues of
hexavalent chromium.
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
17.
Contract: Berkeley
Boosters (PDF, 157 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute two month cash advances for two approved contracts with
Berkeley Boosters: 1) Respect “A” in an amount not to exceed $11,042 and 2)
Respect School in an amount not to exceed $6,375.
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
18.
License: Food Cart at Berkeley Marina (PDF, 1 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a License Agreement and any amendments with Eat & Run
Catering to operate a food cart and use City property at the Berkeley Marina
for a period of five years, with one five-year option period, for a total
revenue amount of $6,000 for the initial five-year term.
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
19.
House Cars and Campers in Private Driveways (PDF, 344 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending
Berkeley Municipal Code (BMC) Sections 12.76.010 and 12.76.020, to expand the
definition of “camper” and clarifying that the restrictions on “house cars”
apply equally to camper trailers.
Contact:
Roy Meisner, Police, 981-5900
20.
Contract: FY 2003 Emergency Sidewalk Project (PDF, 611 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving
specifications for the FY 2003 Emergency Sidewalk Project; 2) accepting the bid
of Mosto Construction; and 3) authorizing the City Manager to execute a
contract and any amendments in an amount not to exceed $294,502 for the period
of 120 calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6300
21.
Contract: FY 2003 Spiral Sidewalk Project (PDF, 533 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving
specifications for the FY 2003 Spiral Sidewalk Project; 2) accepting the bid of
AJW Construction; and 3) authorizing the City Manager to execute a contract and
any amendments in an amount not to exceed $296,776, for the period of 90
calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6300
22.
Contract: Engineering Services for Sante Fe Right-of-Way
Improvements (PDF, 425
KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a contract with Community Design & Architecture, in an
amount not to exceed $200,000, to provide engineering services for the Santa Fe
Right-of-Way Improvements, for the period of July 31, 2003 to June 30, 2004.
Contact:
Rene Cardinaux, Public Works, 981-6300
23.
Contract: Sanitary Sewer Project (PDF, 472 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and
specifications for the Sanitary Sewer Project located at Le Conte Avenue, Le
Roy Avenue, La Vereda Road, Acton Street, Virginia Street, and Shore Bird Park;
2) accepting the bid of Darcy and Harty Construction, Inc.; and 3) authorizing
the City Manager to execute a contract and any amendments in an amount not to
exceed $813,984 for the period of 220 calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6300
24.
Contract: Sanitary Sewer and Drilled Pier Foundations Project (PDF, 786 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and
specifications for the Sanitary Sewer and Drilled Pier Foundations Project
located on the sewer easement on private property, bounded by 400 Vermont
Avenue, 423, 425, and 427 Boynton Avenue, and the Contra Costa County line; 2)
accepting the bid of Bay Pride Construction Company, Inc.; and 3) authorizing
the City Manager to execute a contract and any amendments in an amount not to
exceed $172,704 for the period of 130 calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6300
25.
Contract: Economic
& Planning Systems, Inc.- U.C. Berkeley Fiscal Impact Study (PDF, 327 KB)
From: City
Manager
Recommendation: Adopt a Resolution authorizing the
City Manager to execute an agreement with Economic & Planning Systems, Inc.
to perform a study of U.C. Berkeley’s (UCB) fiscal impacts related to capital
projects, revenue loss, and operations, on the City of Berkeley for a contract
amount not to exceed $50,000 for the period July 16, 2003 through December 31,
2004.
Contact: Grace Maguire, City Manager, 981-7000
26.
Contract: Street Rehabilitation FY 2003 Phase 2 Project (PDF, 703 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and
specifications for the Street Rehabilitation FY 2003 Phase 2 Project; 2)
accepting the bid of Interstate Grading & Paving, Inc., and 3) authorizing
the City Manager to execute a contract and any amendments in an amount not to
exceed $1,042,664 for the period of 120 calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6300
27.
Contract: Underground Storage Tank Removal (PDF, 376 KB)
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and
specifications for 711 Harrison Street UST Removal and Contamination
Remediation; 2) accepting the bid of Golden Gate Tank Removal, Inc.; and 3)
authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $95,000, for the period of 80 calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6300
28.
Purchase Order: Telephone Directory Advertising (PDF, 238 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a Purchase Order with SBC Smart Yellow Pages in an amount
not to exceed $31,400 for FY 2004, to advertise the City’s refuse collection
and recycling services.
Contact:
Rene Cardinaux, Public Works, 981-6300
29.
Contract: Operating Services for Three City-Owned Parking
Facilities (PDF, 587 KB) (To be delivered)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to execute a contract and any amendments with Parking Concepts, Inc. to
provide management, promotion, security, custodial, and maintenance services
for Sather Gate Garage, Center Street Garage, and Oxford Parking Lot for the
period August 1, 2003 through June 30, 2008 in an amount not to exceed
$4,731,704, and an option to extend for two additional one-year periods in an
amount not to exceed $2,192,698, for a total not to exceed $6,924,402.
Contact:
Peter Hillier, Transportation, 981-7000
30.
Grant: Coastal Conservancy Bikeways (PDF, 290 KB)
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to: 1) submit a grant
application to the Coastal Conservancy in the amount of $454,000 in FY 2003 for
planning, design, cost estimates, and CEQA compliance for various bikeways and
multi-use paths; 2) accept the grant and execute any resultant revenue
agreements and amendments; and 3) implement the project and appropriate funding
for related expenses, subject to securing the grant.
Contact: Peter Hillier, Transportation, 981-7000
31.
Grant: Clean Air Regional Fund (PDF, 360 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City
Manager to: 1) submit a grant application to the Bay Area Air Quality
Management District’s Transportation Fund for Clean Air Regional Fund grant
program in the amount of $35,257 in FY 2003 and FY 2004 for implementation of a
Dynamic Ridesharing Program; 2) accept the grant and execute any resultant
agreements and amendments; and 3) implement the project, subject to Council
approval of expenditures and bids.
Contact:
Peter Hillier, Transportation, 981-7000
32.
Unauthorized Removal of Newspapers (PDF, 370 KB)
From: Mayor Bates
Recommendation: Refer the San Francisco “Unauthorized
Removal of Newspapers” ordinance to the City Manager and City Attorney for the
purpose of returning to Council with a draft ordinance for Berkeley.
Contact: Tom Bates, Mayor, 981-7100
33.
Fee Waiver: Mount Zion
Missionary Baptist Church Annual Business Street Faire (PDF, 167 KB)
From:
Mayor Bates
Recommendation: Adopt a Resolution waiving permit, sound,
noise variance and street barricade fees and the maintenance deposit for the
Mount Zion Missionary Baptist Church Annual Business Street Faire to be held on
Saturday, August 24, 2003.
Contact: Tom Bates, Mayor, 981-7100
34.
Fee Waiver: Shotgun Players' Seventh Annual Free Theater in
the Park Series (PDF,
82 KB)
From: Mayor Bates
Recommendation: Adopt a Resolution waiving permit fees for
the Shotgun Players' Seventh Annual Free Theater in the Park Series for the use
of John Hinkel Park on July 26, 27, August 2, 3, 10, 16, 17, 23, 24, 30, 31,
September 6, 7, and 14; and for the use of Live Oak Park on September 13.
Contact: Tom Bates, Mayor, 981-7100
35.
Fee Waiver: 2003 Solano Stroll (PDF, 92 KB)
From:
Councilmember Hawley
Recommendation:
Adopt a Resolution waiving fees for the event permit and the food vendor
permits and in-kind City services from Police, Fire, Public Works and Health
and Human Services for the 2003 Solano Stroll scheduled for Sunday, September
14th.
Contact: Miriam Hawley, Councilmember District 5, 981-7150
36.
Presentation: Purpose
of Berkeley’s Paratransit Program (PDF, 68 KB)
From: Councilmember Maio
Recommendation: Schedule a briefing by the Commission on
Aging and Commission on Disability regarding the purpose of Berkeley’s
Paratransit Program.
Contact:
Linda Maio, Councilmember District 1, 981-7110
37.
Use-of-Parking Survey at Multi-Family Large Buildings (PDF, 124 KB)
From: Councilmember Maio
Recommendation: Request the City Manager consider how we
might initiate a survey of residents of new, multi-family large buildings to
determine what residents’ and merchants’; level of parking demand is, where
they are currently parking, and gather other useful information relative to
parking practices.
Contact:
Linda Maio, Councilmember District 1, 981-7110
38.
Fee Waiver: San Francisco Mime Troupe (PDF, 76 KB)
From: Councilmember Maio
Recommendation: Adopt a Resolution sponsoring and waiving
special event fees and the required maintenance deposits associated with the
San Francisco Mime Troupe’s five days of performance in parks throughout the
Summer.
Contact:
Linda Maio, Councilmember District 1, 981-7110
39.
Interpretation of Major Residential Additions
a. From:
Councilmembers Olds, Hawley and Spring (PDF, 121 KB)
Recommendation: Refer to the Zoning Adjustments Board (ZAB)
and the Planning Commission (PC) the following issues for discussion and
review; that the ZAB report to the PC with recommendations for guidelines for
interpretation by staff and/or clarifying language for related zoning
ordinances; that the PC return to the Council within 120 days with proposed
language for modifications to the zoning ordinance: 1) the number of vertical
feet allowed in a story in residential construction; 2) the “no-net change”
interpretation of the 499 square foot addition, allowed by right; 3) the
interpretation of additions to existing nonconforming residential buildings;
and 4) consider that an “addition by right” be allowed one time only on each
property.
Contact:
Betty Olds, Councilmember District 6, 981-7160, Miriam Hawley, Councilmember
District 5, 981-7150, and Dona Spring, Councilmember District 4, 981-7140
b. From: Councilmember Spring (PDF,
50 KB)
Recommendation:
Amend this item to: 1)
request that the issues on “499 square foot additions by right” be allowed one
time only on each property; 2) request the Planning Commission consider that
the “addition by right” be allowed one time only on each property; and 3)
request the Planning Commission also review how “addition by right” affects
nearby property owners’ views and rights to solar protection in the Solar
Protection Ordinance as well as landmark issues. In addition, the commission should consider whether “addition by
right” can occur with additional square feet from a demolition on the same
property.
Contact: Dona Spring,
Councilmember District 4, 981-7140
40.
Support Budget Accountability Act (PDF, 361 KB)
From: Councilmembers Worthington and Breland
Recommendation: Support the Budget Accountability Act, a
state ballot measure, reducing votes required for passage of a state budget
from two-thirds to fifty-five percent and including not paying state
legislators and the governor for each day past the deadline the budget is not
passed.
Contact: Kriss Worthington, Councilmember, District
7, 981-7170 and Margaret Breland, Councilmember, District 2, 981-7120
41.
Fee Waiver: Eighth
Annual Watershed Environmental Poetry Festival (PDF, 98 KB)
From: Councilmember Worthington
Recommendation: Adopt a Resolution extending the sound
permit from 11 a.m. to 5 p.m. for the
Eighth Annual Watershed Environmental Poetry Festival event in Martin Luther
King Jr. Civic Center Park, Saturday, September 6, 2003 and allowing a stage
banner above the Peace Wall and waiving fees for staff and necessary equipment
associated with hanging the banner.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
42.
Ellis Implementation Ordinance: Five Year Restriction on
Vacancy Rent Increases
a. From:
Berkeley Rent Stabilization Board
(PDF, 1 MB)
Recommendation: Adopt first reading of an Ordinance amending
Berkeley Municipal Code (BMC) sections 13.77.040 and 13.77.050 (Ellis
Implementation Ordinance) to include the five year restriction on vacancy rent
increases authorized in Section 7060.2 of the Ellis Act and to require notice
to be given to extend the date a unit occupied by non-elderly or non-disabled
tenant is to be withdrawn from the rental market.
Contact:
Jay Kelekian, Secretary, 644-6128
b. From:
City Manager
(PDF, 62 KB)
Recommendation: The City Manager concurs with the content
and recommendation of the report.
Contact:
Weldon Rucker, City Manager, 981-7000
43.
FY 2004 Civic Arts Grant Funding Recommendations
a. From:
Civic Arts Commission
(PDF, 578 KB)
Recommendation:
Adopt a Resolution approving the Civic Arts Commission funding
recommendations authorizing 65 grants to various organizations to support arts
and cultural activities during FY 2004 in the amount of $251,489.
Contact: Mary Ann Merker, Secretary, 981-7533
b. From:
City Manager
(PDF, 55 KB)
Recommendation:
The City Manager concurs with the content and recommendations of the
report.
Contact: Tom Myers, Economic Development, 981-7530
44.
Neighborhood Partnership on Homeless Detox Facility Study
a. From:
Police Review Commission (PDF, 2 MB)
Recommendation: Send letters to local, federal, state, and
county representatives urging them to fund a detoxification facility for
indigent people in Berkeley or Alameda County and that the City actively work
to find funding for such a program.
Contact:
Barbara Attard, Secretary, 981-4950
b. From:
Homeless Commission (PDF, 153 KB)
Recommendation: Endorse recommendation to establish a detox
facility in Alameda County, and request that the Neighborhood Partnership on
Homelessness further investigate the feasibility of establishing a blended
model detox.
Contact:
Jane Micallef, Secretary, 981-5426
c.
From:
Mental Health Commission (PDF, 126 KB)
Recommendation: Work with Alameda County Board of
Supervisors to establish a social model detoxification facility in Northern
Alameda County.
Contact:
Harvey Tureck, Secretary, 981-5213
d. From:
City Manager (PDF, 53 KB)
Recommendation: The City Manager concurs with the content
and recommendations of the report.
Contact:
Weldon Rucker, City Manager, 981-7000
45.
Freedom to Read Protection Act of 2003
a. From:
Peace and Justice Commission (PDF, 501 KB)
Recommendation:
Adopt a Resolution: 1) calling for the
passage of the Freedom to Read Protection Act of 2003, exempting libraries and
bookstores from the provisions of the Patriot Act; 2) sending a letter of
support and copy of this resolution to Congressman Bernard Sanders; and 3)
sending letters and the resolution to California’s congressional
representatives urging them to support and co-sponsor the Act and to
California’s senators urging them to support the Act and to introduce a similar
bill in the Senate.
Contact:
Manuel Hector, Secretary, 981-5110
b. From:
City Manager (PDF, 46 KB)
Recommendation:
The City Manager concurs with the content and recommendations of the
report.
Contact: Fred Medrano, Health and Human Services, 981-5100
46.
Peace Lantern Ceremony
a. From:
Peace and Justice Commission (PDF, 272 KB)
Recommendation: Adopt a Resolution endorsing the Peace
Lantern Ceremony to take place in Berkeley on or about August 9, 2003.
Contact:
Manuel Hector, Secretary, 981-5110
b. From:
City Manager (PDF, 47 KB)
Recommendation: The City Manager concurs with the content
and recommendations of the report.
Contact: Fred Medrano,
Health and Human Services, 981-5100
