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: 1769 Alcatraz Avenue (PDF, 867 KB)
From: City Manager
Recommendation: Adopt second reading of an Ordinance authorizing the City Manager
to exercise the option to extend the lease agreement with Thomas Goetzl for the
real property located at 1769 Alcatraz Avenue for an additional period from November
1, 2003 through October 31, 2005 in an amount not to exceed $25,000 for the
purpose of office space and utilities for the Women, Infant and Children
Expanded Breastfeeding Program.
Contact:
Fred Medrano, Health and Human Services, 981-5100
2.
Lease: 1950 Addison
Street (PDF, 299 KB)
From: City Manager
Recommendation: Adopt second reading of an Ordinance authorizing the City Manager to
accept a continued month-to-month tenancy with 1950 Addison Associates, LLC,
for that portion of 1950 Addison Street used for the operation of the Berkeley
WorkSource One Stop Career Center, as set forth in the letter of confirmation
from Seagate Properties, Inc; and ratifying the payment of back rent and
operating expenses in the amount of $23,505.
Contact:
Fred Medrano, Health and Human Services, 981-5100
3.
Dangerous and/or Sharp Material on Fences (PDF, 4 MB)
From: City Manager
Recommendation: Adopt second reading of an Ordinance amending the Berkeley
Municipal Code (BMC) Section 23D.08.060.A(1) to prohibit the use of dangerous
and/or sharp material in or on top of fences in residential districts and
amortize existing uses under a schedule.
Contact:
Dan Marks, Planning, 981-7400
4.
Conflict of Interest Code (PDF,
517 KB)
From: City Manager
Recommendation: Adopt a Resolution approving a revised Conflict of Interest Code and
rescinding Resolution No. 61,818-N.S. (2002 Conflict of Interest Code).
Contact:
Sherry Kelly, City Clerk, 981-6900
5.
Massage Parlor Permits (PDF, 438 KB)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance
eliminating the Berkeley Municipal Code (BMC) 9.32.060, since “therapeutic
massage parlor establishments” uses are already restricted to commercial
districts in the Zoning Ordinance and, thereby, allow “therapeutic massage
business services” which serve their clients in their homes to conduct business
in residential districts.
Contact:
Manuela Albuquerque, City Attorney, 981-6950
6.
Settlement Agreement: Claim of Katherine Gardner (PDF, 96 KB)
From: City Manager
Recommendation:
Adopt a Resolution
approving the settlement agreement of the personal injury claim brought by
Katherine Gardner in the amount of $25,000.
Contact:
Manuela Albuquerque, City Attorney, 981-6950
7.
Grant: Pre-Disaster
Mitigation Application
(PDF, 503 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application
for a Pre-Disaster Mitigation Grant to the Governor’s Office of Emergency
Services in the amount of $3 million with a 25% match to reconstruct the
seismically unsafe facilities maintenance building at the Corporation Yard.
Contact: Arietta Chakos, City Manager, 981-7000
8.
Bed and Breakfast Establishments in Residential Areas
(PDF, 691 KB) (CF 22-03)
From: City Manager
Recommendation:
Adopt first reading
of two Ordinances: 1) adding a new Chapter 23C.06 to the Berkeley Municipal
Code (BMC) and amending Chapter 23F.04.010, regarding bed and breakfast
establishments (B&B) operating in owner-occupied private homes in
residential zoning districts, and 2) amending Section 7.36.040, exempting
customers of B&Bs from transient occupancy taxes (TOT).
Contact:
Fran David, Finance, 981-7200
9.
Contract: Wheelchair-Van Program (PDF, 219 KB)
From: City
Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to a contract with
Friendly Transportation, Inc. to: (1) increase the amount by $38,000 to a total
not to exceed $62,000; and (2) extend the term to June 30, 2005.
Contact: Stephen Barton, Housing, 981-5400
10. Contract: Financial Software Maintenance (PDF, 180 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an
agreement with H.T.E. Inc. for maintenance software for the City’s financial
system, FUND$, for a total amount not to exceed $250,000, for the period July
1, 2003 to June 30, 2005.
Contact:
Chris Mead, Information Technology, 981-6500
11.
Remand of Landmark Preservation Commission Notices of Decision (PDF, 1 MB)
From: City Manager
Recommendation:
Adopt a Resolution remanding the Notices of
Decision for Parcel 057-2024-02100 (1952-1958, 1976½ , and 1978
University Avenue) and
Parcel 057-2024-02000 (1960, 1964, 1966, 1980A and 1980B University
Avenue) to the
Landmarks Presevation Commission for clarification of the significant features
on the site and to work with the owner in ascertaining these.
Contact: Dan Marks, Planning, 981-7400
12. Contract: Engineering Services for Marina Landfill Gas Energy
Recovery Project (PDF,
346 KB)
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $125,000 for a period of 180 calendar days with ConneXsys
Engineering, Inc., to provide engineering services for the construction of a
micro-turbine plant using landfill gas for the marina landfill Gas Energy
Recovery Project located at Cesar Chavez Park.
Contact:
Rene Cardinaux, Public Works, 981-6330
13.
Grant: Crosswalk Safety Project (PDF, 225 KB)
From: City Manager
Recommendation:
Adopt a Resolution
accepting from the State Office of Traffic Safety (OTS) a $68,500 grant for a
crosswalk safety project for the period October 1, 2002 to September 30, 2004.
Contact:
Peter Hillier, Transportation, 981-7010
14.
Contract: Worker’s Compensation Review (PDF, 510 KB)
From: City
Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement
a contract and any amendments with Bickmore Risk Services for: 1) an analysis
of the workers’ compensation program administrative practices; 2) a workers’
compensation claims audit; 3) a financial review; 4) the annual actuarial
review; and 5) benchmarking the workers’ compensation program with other cities
in the metropolitan Bay Area for the period of September 1, 2003 through June
30, 2004 for a total cost not to exceed $65,000.
Contact: Nicki Spillane, Human Resources, 981-6807
15.
Purchase Order: Cabling for 1947 Center Street (PDF, 193 KB)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City
Manager to issue a purchase order to AMS.NET Inc. for the purchase of Cisco
networking equipment for cabling for 1947 Center Street in an amount not to
exceed $150,000.
Contact:
Chris Mead, Information Technology, 981-6500
16.
Audit: Information Systems General Controls (PDF, 2 MB)
From: City Auditor
Recommendation: Request the City Manager report back no later than February 17, 2004,
regarding the implementation status of each of the Auditor’s recommendations in
the attached report, and to set a date for a follow up report to Council if any
recommendations remain unimplemented at that time.
Contact:
Ann-Marie Hogan, City Auditor, 981-6750
17.
In-Kind Support for the North Shattuck Association "Spice
of Life" Festival
(PDF, 271 KB)
From: Councilmembers Hawley and
Spring
Recommendation: Adopt a Resolution providing in-kind support and services for the North
Shattuck Association’s “Spice of Life” Festival scheduled for Sunday, October
19, 2003.
Contact:
Miriam Hawley, Councilmember District 5, 981-7150 and Dona Spring,
Councilmember District 4, 981-7140
18.
Truck Limit Weights on Residential Streets (PDF, 94 KB)
From: Councilmember Worthington
Recommendation:
Request that the
City Manager and Transportation officials establish a 3 or 3½ ton truck limit
on severely impacted residential streets adjacent to ongoing major traffic
generators, through a temporary pilot program and/or creation of a permanent
Heavy Truck Traffic Policy.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
19.
Fee Waiver: Youth Support Program at Willard Middle School (PDF, 66 KB)
From: Councilmembers
Worthington and Breland
Recommendation:
Adopt a Resolution supporting the Youth
Support Program at Willard Middle School and waiving the $106 fee for the
annual BBQ kick-off for the academic monitoring program.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
20.
Oppose: State Proposition 53 – Infrastructure Funding (PDF, 366 KB)
From: Councilmembers Hawley,
Maio, Worthington and Wozniak
Recommendation:
Oppose State
Proposition 53 regarding infrastructure funding which has been placed on the ballot
for the October 7, 2003 election.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
21.
Proclamation: National Coming Out Day 2003 (PDF, 82 KB)
From: Councilmember Worthington
Recommendation: Waive Council Rules to allow for a proclamation to be presented at this
meeting for National Coming Out Day 2003 to be celebrated on October 11, 2003
in Berkeley.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
22. Support H.R. 1684 and S 1545 permitting Access to Higher
Education and Legalization for Immigrant Students (PDF, 1 MB)
From: Councilmembers
Worthington, Breland and Spring
Recommendation:
Adopt a Resolution
supporting H.R. 1684 and S 1545 permitting access to higher education and
legalization for immigrant students.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170;
23.
University of California Long Range Development Plan’s New
2020 Land Use Plan
(PDF, 86 KB)
From: Councilmember Worthington
Recommendation: Provide comments from the City regarding the University of California
Long Range Development Plan’s new 2020 Land Use Plan for the EIR scooping
session on September 22, 2003, to be conducted from 5 to 9 p.m. at Krutch
Theater at the Clark Kerr Campus.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
24.
Proclamation Honoring Kent Nagano (PDF, 128 KB)
From: Councilmembers Spring, Worthington, Wozniak and Mayor Bates
Recommendation: 1) Host events in connection with the support of Arts and the Arts
District; 2) issue a proclamation honoring the 25th Anniversary of
Kent Nagano, world renowned symphony conductor of the Berkeley Symphony; and 3)
request the City Manager hang banners in downtown Berkeley relating to the
events.
Contact: Dona Spring, Councilmember District 4,
981-7140
25.
A.B. 1077: Expanded Methods for Filing Complaints Against
Police Officers
a. From:
Police Review Commission (PDF, 583 KB)
Recommendation:
Support A. B. 1077
requiring expanded methods for filing complaints against police officers, and
send a letter to the bill’s author, Assembly Speaker Herb Wesson informing him
of the City’s position
Contact:
Barbara Attard, Police Review Commission Officer, 981-4950
b. From:
City Manager (PDF, 51 KB)
Recommendation: The City Manager takes no position.
Contact: Weldon Rucker, City Manager, 981-7000
26.
A.B. 1119 Early Intervention Systems
a. From:
Police Review Commission (PDF, 417 KB)
Recommendation:
Support A. B. 1119
requiring early intervention systems for all California law enforcement
agencies, and send a letter to the bill’s author, Assembly Speaker Herb Wesson
informing him of the City’s position.
Contact:
Barbara Attard, Police Review Commission Officer, 981-4950
b. From:
City Manager (PDF, 51 KB)
Recommendation: The City Manager takes no position.
Contact: Weldon Rucker, City Manager, 981-7000
27.
A. B. 1331: Whistleblower Protection Program
a.
From:
Police Review Commission (PDF, 450 KB)
Recommendation: Support A.B. 1331 establishing a
whistleblower program for police officers, and send a letter to the bill’s
author, Assembly Speaker Herb Wesson informing him of the City’s position.
Contact:
Barbara Attard, Police Review Commission Officer, 981-4950
b. From:
City Manager (PDF, 51 KB)
Recommendation: The City Manager takes no position.
Contact: Weldon Rucker, City Manager, 981-7000
d. Communications
(from September
16, 2003)
Part
1 (PDF, 16 MB) | Part
2 (PDF,
12 MB)
1.
Shahram Shahruz (24)
2. 107
Signed Petitions
3. Mark
Rhoades
4. Leonard
Schwartzburd (2)
5. Doug
Loranger (2)
6. Vida
Bateau (2)
7. Robert
Riedlinger
8. Radiation
Free Gourmet Ghetto (2)
9. Ruth
S. Clifford
10. Helena Bautin
11. K. Arianpour
12. Jingang Yi, PhD
13. Susan Clarke (2)
14. Daniel Wolfe
15. Val Peters
16. Scott Wheeler
17. Joan Levinson (2)
18. Greg Bowman
19. Ayn Lowry
20. Jordan Rothstein
21. Kathie Taylor and
Neill Bourke
22. Marianne Robinson
23. Sarah Jones (2)
24. Rand Knox
25. Michael Marchant
26. Connie and Kevin
Sutton
27. Helena Bautin
28. Zach Cowan
29. Carrie Olson
30. Leonard
Schwartzburd (3)
31. Kriss Worthington
32. Shahram Shahruz
33. Frieda Feen
34. Frank Harris
35. Andrew Packard
36. La Chanteuse
37. PhoeBe ANNE
(thomas/sorgen)
38. Barb Wilkie
39. Petitions from
Kate Bernier, Rose Vekony, Andrew Joron and Barbara Guest
40. Frances Strassman
29.
Rental Housing Safety Program Fees (PDF, 703 KB) (CF 34-03 and 44-03)
From: City
Manager
Recommendation: Conduct a Public Hearing and upon conclusion: 1) adopt a Resolution
rescinding Resolution No. 62,186 – N. S. and establishing a new housing code
inspection fee schedule for the Rental Housing Safety Program (RHSP); 2) adopt
a separate Resolution
re-establishing the flat per unit fee of $17 per unit for all residential
rental buildings, and $8.50 per room for residential hotels and boarding houses
with five or more rooms in support of the RHSP; 3) acknowledge staff plans to
impose administrative penalties for repeated failures to correct housing code
violations consistent with the procedures and fine schedules as provided by the
citywide administrative citation process, and establish the policy that any
revenue collected from the issuance of administrative citations go to support
the RHSP after subtracting the City’s administrative overhead costs; and 4)
reaffirm commitment to a policy that provides a rebate to property owners in
the form of a reduced flat per unit/room fee in FY 2004-2005 should FY
2003-2004 RHSP revenues exceed the RHSP expenditure budget.
Contact: Stephen Barton,
Housing, 981-5400
NOTICE CONCERNING YOUR
LEGAL RIGHTS: If you object to a decision by the City Council to approve or
deny a use permit or variance for a project the following requirements and
restrictions apply: 1) No lawsuit
challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve
(Gov. Code '65009(c)(5)) a use permit or variance may be filed more than 90
days after the date the Notice of Decision of the action of the City Council is
mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against
a City Council decision to approve or deny a use permit or variance, the issues
and evidence will be limited to those raised by you or someone else, orally or
in writing, at a public hearing or prior to the close of the last public
hearing on the project.
Action
Calendar – Old Business
30.
Initial Study Related to Proposed Uses at Aquatic Park Main
Lagoon (PDF, 817 KB)
(Held over from 9/9/03)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to prepare an Initial
Study to determine any environmental impacts related to use of the Main Lagoon
at Aquatic Park by a proposed lease with the Berkeley High School (BHS) Women’s
Crew and by the existing use of the Lagoon by the Berkeley Rowing Club and the
Berkeley Waterski Club.
Contact:
Lisa Caronna, Parks Recreation and Waterfront, 981-6700
31.
Inquiry into Death of Americans in Middle East
(PDF, 158 KB) (Held over from 9/9/03)
From: Councilmembers Olds and
Hawley
Recommendation: Direct the City Manager to send a letter to President Bush,
Senators Boxer and Feinstein and Representative Lee calling on the United
States Government to undertake a full, fair and expeditious investigation into the
deaths and/or injuries sustained by all Americans since September 28, 2000 in
Israel, the West Bank and Gaza due to ongoing conflicts, and urge the adoption
of an amendment to House Concurrent Resolution 111 that would expand the
inquiry to involve an investigation into all such tragic incidents.
Contact:
Betty Olds, Councilmember District 6, 981-7160 and Miriam Hawley, Councilmember
District 5, 981-7150
