Agenda Committee Item #5
Council Draft Agenda - September 16, 2003

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 16, 20037:00 p.m.

City Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Council Action:  The City Council may take action related to any subject listed on the Agenda.


Consent Calendar

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.

 

Action Calendar – New Business - Budget

27. FY 2004 Budget Amendments

From:  City Manager

Recommendation:  Adopt a Resolution approving budget balancing measures and amending the FY 2004 Budget .

Contact:  Paul Navazio, Budget Manager, 981-7000

28. FY 2004 Budget Reallocation of Community Agency Funding

From:  City Manager

Recommendation:  Adopt a Resolution reallocating funding to community agencies.

Contact:  Paul Navazio, Budget Manager, 981-7000

 

Action Calendar – Time Critical

Time Critical Items: In the event that the City Manager, Auditor, Mayor, or Councilmember becomes aware of an urgent issue that cannot be held until the next scheduled Agenda Committee meeting, the Clerk is authorized to accept an item without Agenda Committee review until Tuesday at 12:00 p.m. on the week prior to the Council meeting.  These “Time Critical” items must be submitted with a cover page that includes: 1) a detailed explanation of why the item could not have been submitted by the normal deadline, and 2) a detailed explanation of why the item cannot wait to follow the normal agenda process.  These items will be included in a separate section of the Council Agenda at the end of the Action Calendar.  The Council may vote to refer it back to the Agenda Committee if they determine that the item does not meet the criteria for a “Time Critical”

Information Reports

29. Update on the Berkeley Alliance (CF 33-03)

From: City Manager

Recommendation:  The City Manager takes no position.

Contact:  Weldon Rucker, City Manager, 981-7000

30. Update on City’s Response to UC Berkeley’s Long Range Development Plan

Contact:  Arietta Chakos, City Manager, 981-7000

31. Finance-Treasury Cash Receipts/Cash Handling Audit Recommendations (CF 159-02)

From: City Manager

Contact: Fran David, Finance, 981-7300

32. Implementation of Customer Service Cash Receipts/Cash Handling Audit Recommendations (CF 12-03)

From: City Manager

Contact: Fran David, Finance, 981-7300

33. Formal Bid Solicitations and Request for Proposals

From: City Manager

Contact: Fran David, Finance, 981-7300


Communications

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

Enviros Who Back Gridlock, Loss of Habitat

1.      Patrick Kennedy


Adjournment