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.
Conflict of Interest Code
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
2.
Massage Parlor Permits
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
3.
Settlement Agreement: Claim of Katherine Gardner
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
4.
Grant: Pre-Disaster
Mitigation Grant Application
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
5.
Bed and Breakfast Establishments in Residential Areas (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
6.
Increasing the City Manager’s Award Authority
From: City Manager
Recommendation: Adopt first reading of an
Ordinance amending the BMC Section 7.18.010 (B) and adding Section 7.18.010 (C)
increasing the threshold for City Council approval of contracts and, thereby,
increasing the City Manager’s award authority.
Contact:
Fran David, Finance, 981-7200
7.
Contract: Wheelchair-Van Program
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 $62,000; and (2) extend the term to June 30,
2005.
Contact:
Stephen Barton, Housing, 981-5400
8.
Contract: Financial Software Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an
agreement with H.T.E. Inc. for maintenance software for the City’s financial
system, FUND$, 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
9.
Remand of Landmark Preservation Commission Notices of Decision
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
10.
Fee Deferral: Transitional Housing at 711 Harrison Street
From: City Manager
Recommendation: Adopt a Resolution
waiving approximately $180,000 in zoning and building permit fees, with the
exception of sewer connection fees, which shall be paid when building permits
are issued.
Contact: Dan Marks, Planning, 981-7400
11.
Contract: Engineering Services for Marina Landfill Gas Energy
Recovery Project
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
12.
Grant: Crosswalk Safety Project
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
13.
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
14.
Fee Waiver: North Shattuck Association "Spice of
Life" Festival (PDF, 268 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
15.
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
16. Fee Waiver: Youth Support Program at Willard Middle School
(PDF, 66 KB)
From: Councilmembers Breland
and Worthington
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
17. Oppose: State Proposition 53 – Infrastructure Funding
(PDF, 151 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
18. Proclamation: National Coming Out Day 2003
(PDF, 82 KB)
From: Councilmember Worthington
Recommendation: Approve a proclamation for National Coming Out Day 2003 in Berkeley.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
19. Support H.R. 1684 and S 1545 permitting Access to Higher
Education and Legalization for Immigrant Students (PDF, 308 KB)
From: Councilmember Worthington
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
20. 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
21. Proclamations honoring Kent Nagano and for Indigenous People’s
Day (PDF, 57 KB)
From: Councilmembers Spring and Worthington
Recommendation: Approve two
proclamations: 1) honoring the 25th
Anniversary of Kent Nagano, symphony conductor of the Berkeley Symphony and
request the City Manager hang banners in downtown Berkeley to honor Kent Nagano
and 2) recognizing October 11th as Indigenous People’s Day.
Contact: Dona
Spring, Councilmember District 4, 981-7140
22. A.B. 1077: Expanded Methods for Filing Complaints Against
Police Officers
a. From:
Police Review Commission (PDF, 581 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, 78 KB)
Recommendation: The City Manager takes no position.
Contact: Weldon Rucker, City Manager, 981-7000
23. A.B. 1119 Early Intervention Systems
a. From:
Police Review Commission (PDF, 411 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, 69 KB)
Recommendation: The City Manager takes no position.
Contact: Weldon Rucker, City Manager, 981-7000
24. A. B. 1331: Whistleblower Protection Program
a. From:
Police Review Commission (PDF, 461 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, 75 KB)
Recommendation: The City Manager takes no position.
Contact: Weldon Rucker, City Manager, 981-7000
Action Calendar – Public
Hearing
25. Appeal: 1600 Shattuck Avenue
a. From:
City Manager
Recommendation: Conduct a Public Hearing,
allowing each of the two appellants and the applicant five minutes each to
summarize their position, and continue the hearing until October 21, 2003 to
allow adequate time for public view of an engineering report providing
independent evaluation of technical aspects of the proposed project.
Contact:
Dan Marks, Planning, 981-7400
b.
From: City Manager (from June 17, 2003)
Recommendation: Open the public hearing, allow each of the two appellants and the
applicant five minutes each to summarize their position, and continue the
hearing until July 15, 2003 to allow completion of an engineering report
providing independent evaluation of technical aspects of the proposed project.
Contact: Phil Kamlarz, Planning, 981-7400
c. Communications
(from June 17,
2003)
1. Frances
Strassman (2)
2. Shahram
Shahruz (10)
3. Appellants:
Strassman, Shahruz, Reynolds, Gaddini, Cloud, Wolfe
4. Libby
Kelley
5. Jon-Erik
Beckjord
6. L.G.
7. Carol
Suveda
8. Marsha
Hiller
9. Vida
Bateau
d. Communications
(from September
16, 2003)
10. Shahram Shahruz
(19)
11. Mark Rhoades
12. Leonard
Schwartzburd (2)
13. Doug Loranger
14. Vida Bateau (2)
15. Robert Riedlinger
16. Radiation Free
Gourmet Ghetto (2)
17. Ruth S. Clifford
18. Helena Bautin
19. K. Arianpour
20. Jingang Yi, PhD
21. Susan Clarke (2)
22. Daniel Wolfe
23. Val Peters
24. Scott Wheeler
25. Joan Levinson (2)
26. Greg Bowman
27. Ayn Lowry
28. Jordan Rothstein
29. Kathie Taylor and
Neill Bourke
30. Marianne Robinson
31. Sarah Jones (2)
32. Rand Knox
33. Michael Marchant
34. Connie and Kevin
Sutton
35. Helena Bautin
36. Zach Cowan
37. Carrie Olson
38. Leonard
Schwartzburd (2)
39. Kriss Worthington
40. Shahram Shahruz
41. Frieda Feen
42. Frank Harris
43. Andrew Packard
26. Rental Housing Safety Program Fees (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)
establish 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.
