Agenda Committee Item #4
Council Draft Agenda - October 14, 2003

printer friendly pdf

Printer-friendly PDF* draft agenda: (68 KB)

 

 

Only Commission and Councilmember Reports are posted at this time.  City Manager Reports will be available as part of the Council's final agenda packet. Click on the linked agenda item titles below for Commission and Councilmember reports. 

Note: 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

Draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 14, 20037:00 p.m.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1.      Proclamation declaring October as Fire Prevention Month

2.      Proclamation declaring October 30th as National Weatherization Day

3.      Proclamation honoring BANANAS for 30 years of service on behalf of children and families.

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 item7s 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.

Youth Comments: A total of 15 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 taken up after the "Action Calendar" unless the Council reorders the agenda.

1.   Massage Parlor Permits

From: City Manager

Recommendation:  Adopt second 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

2.   Bed and Breakfast Establishments in Residential Areas (CF 22-03) (First Reading – Abstain – Olds)

From: City Manager

Recommendation: Adopt second 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

3.   Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for Council meetings of September 9, 2003 (special and regular), September 11, 2003 (special) and September 16, 2003 (regular).

Contact:  Contact: Sherry Kelly, City Clerk, 981-6900

4.   Needle Exchange

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from use of HIV-Infected Needles among injection drug users, and authorizing the local health officer to take steps to enable the operation of Needle Exchange Emergency Distribution.

Contact: Sherry Kelly, City Clerk, 981-6900

5.   Cost for Removing Graffiti on Private Property

From: City Manager

Recommendation:  Adopt first reading of two Ordinances: 1) adding a new chapter to the Berkeley Municipal Code (BMC) Chapter 13.98 entitled, “Graffiti On Property Prohibited” and 2) amending Berkeley Municipal Codes (BMC) Section 1.24.140 and 1.24.205 to allow for the costs of abatement of graffiti to be placed as a lien on the vandal’s property, or if the vandal is a minor, on the property of his/her guardian.

Contact: Manuela Albuquerque, City Attorney, 981-6950

6.   Settlement Agreement: Stuart, et al. v. City of Berkeley, et al.

From: City Manager

Recommendation:  Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2001 028436 entitled Stuart, et al. v. City of Berkeley, et al. in an amount of $16,250.

Contact: Manuela Albuquerque, City Attorney, 981-6950

7.   Unauthorized Removal of Newspapers (CF 39-03)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance adding Berkeley Municipal Code (BMC) Section 13.54 to prohibit the unauthorized removal of free newspapers from news racks or other locations.

Contact: Manuela Albuquerque, City Attorney, 981-6950

8.   Contract: North Shattuck Association

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association for $240,303 to implement the Management District Plan and approved work plan for the North Shattuck Business Improvement District for FY 2004.

Contact: Tom Myers, Economic Development, 981-7530

9.   Contract: Janitorial Services for Mental Health Facilities

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute amendments to the contract with Universal Building Services for the provision of janitorial services at the Berkeley Mental Health facilities to increase the amount by $15,000 for a total not to exceed $50,000; and to extend the period to June 30, 2004.

Contact: Fred Medrano, Health and Human Services, 981-5100

10. Grant: One-Stop Career Center

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) accept a grant from the Alameda County Workforce Investment Board for funds in the amount of $214, 090 to provide employment services to adults at the Berkeley Worksource One-Stop Career Center for the period of July 1, 2003 to June 30, 2004; 2) execute the resultant revenue agreement and any amendments; and 3) implement the programs and appropriation of funding for related expenses.

Contact: Fred Medrano, Health and Human Services, 981-5100

11. Contract: Winter Voucher and Winter Shelter Programs

From: City Manager

Recommendation:  Adopt a Resolution authorizing: 1) the allocation of $40,000 for the purpose of providing emergency vouchers to homeless households for shelter at local motels; 2) a contract amendment with the Women’s Daytime Drop-in Center in an amount not to exceed $5,086 for administration of the Winter Voucher Program; 3) a payment of $56,000 to the City of Oakland Community and Economic Development Agency, representing the City’s pro-rata share of direct program operating costs related to the Joint Winter Shelter Program at the Oakland Army Base; 4) payment in an amount not to exceed $42,000 to Bay Area Rapid Transit (BART) for Winter Shelter Program related transportation costs; and 5) a contract amendment with the Berkeley Food and Housing Project in the amount of $5,914 to provide Winter Shelter Program client referral and coordination services.

Contact: Stephen Barton, Housing, 981-5400

12. Grant Application: State Local Housing Trust Fund Program

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) apply for
$1 million in funding from the California Department of Housing and Community Development (HCD) Local Housing Trust Fund Program (LHTFP) program to match funds currently available in the Housing Trust Fund for the purpose of developing and increasing the supply of affordable housing; 2) commit to using LHTFP and matching funds on projects where at least 30% of the units will be restricted to extremely low income households; and 3) authorizing the City Manager to execute all agreements, documents and amendments as necessary to commit specific local government resources as proposed to HCD and take all other necessary action to facilitate the proposed program.

Contact: Stephen Barton, Housing, 981-5400

13. Predevelopment Loan Agreement: Jubilee Restoration, Inc.

From: City Manager

Recommendation:  Adopt a Resolution approving a fund reservation for $50,000 from the Housing Trust Fund with conditions for the Jubilee Village Development and authorizing the City Manager to execute a predevelopment loan agreement and any amendments and all other related documents with Jubilee Restoration, Inc.

Contact: Stephen Barton, Housing, 981-5400

14. Classification: Accounting Manager

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,840-N.S., Classification and Salary Resolution for Local One Employees, to revise the classification of Accounting Manager and adjust the salary range effective October 1, 2003.

Contact: Nicki Spillane, Human Resources, 981-6800

15. Classification: Community Service Officer and Police Service Assistant Classes

From: City Manager

Recommendation:  Adopt a Resolution amending Resolution No. 61,807–N.S., Classification for SEIU Local 790 Employees: 1) combining the Community Service Officer  and Police Service Assistant class specifications under the Community Service Officer job title with Police Service Assistant salary range; 2) establishing Community Service Officer Supervisor; and 3) abolishing the Police Service Assistant and Senior Police Service Assistant classes.

Contact: Nicki Spillane, Human Resources, 981-6800

16. Classification: Public Works Solid Waste Division

From: City Manager

Recommendation:  1) Adopt a Resolution amending Resolution No. 61,807–N.S., Classification and Salary Resolution for SEIU, Local 790 Employees revising and re-titling Public Waste Solid Waste Division classification; and 2) Adopt a Resolution amending Resolution No. 61,840–N.S., Classification and Salary Resolution for Local One Employees revising and re-titling Public Works Solid Waste Management Division classifications.

Contact: Nicki Spillane, Human Resources, 981-6800

17. Employee Supplemental Retirement Plan

From: City Manager

Recommendation:  Adopt a Resolution amending the Supplemental Retirement Plan to extend coverage beyond those employees represented by the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 to career benefited employees in all bargaining units to unrepresented career benefited and regular at will employees.

Contact: Nicki Spillane, Human Resources, 981-6800

18. Contract: Portable Toilet Rental and Service

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Portosan for the provision of portable toilet rental and service to increase the amount by $35,000 for a total amount not to exceed $250,000 and extend the term to April 30, 2004.

Contact: Lisa Caronna, Parks and Waterfront, 981-6700

19. Contract: University Avenue Median Landscaping Renovations-Phase 2

From: City Manager

Recommendation:  Adopt a Resolution approving the plans and authorizing the City Manager to execute a contract and any amendments with Cleary Brothers Landscape, Inc. for the University Avenue Median Landscaping Renovations-Phase 2 for the period November 2, 2003 to November 2, 2004 in an amount not to exceed $697, 630.

Contact: Lisa Caronna, Parks and Waterfront, 981-6700

20. Threat of a Sudden Oak Death Epidemic (CF 101-02)

From: City Manager

Recommendation:  1) Direct all public inquiries on Sudden Oak Death (SOD) to the website, www.suddenoakdeath.org, and include a link on City web pages; 2) refrain from taking further action, including forming an advisory group, until more is known about the disease; and 3) continue to monitor the disease and review the need for a committee and an expanded communication plan, if the condition escalates.

Contact: Lisa Caronna, Parks and Waterfront, 981-6700

21. Grants: 2002 Resources Bond Act: California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002

From: City Manager

Recommendation:  Adopt two Resolutions authorizing the City Manager to submit applications, execute any related grant agreements and amendments, and accept grant funds for the Sate of California Department of Parks and Recreation for available grant funding through the 2002 Resources Bond Act (Proposition 40) for: 1) the Per Capita Grant Program and 2) the Roberti-Z’Berg-Harris (RZH) Urban Space and Recreation Grant Program.

Contact: Lisa Caronna, Parks and Waterfront, 981-6700

22. Contracts:  Juvenile Accountability Incentive

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) execute a contract, and any amendments with the State Governor’s Office of Criminal Justice Planning (OCJP) to promote greater accountability of juveniles in the justice system for the period July 1, 2003 through September 30, 2003 in an amount not to exceed $12,439 and for the period October 1, 2003 through June 30, 2004 in an amount not to exceed $37,318; 2) authorize matching funding in the amount of $5,528; and 3) execute a contract and any amendments with Donald P. McCullum Yourth Court Inc. for the period July 1, 2003 through September 30, 2003 in an amount not to exceed $10,684 and for the period October 1, 2003 through June 30, 2004 in an amount not to exceed $32,052.

Contact: Roy Meisner, Police, 981-5700

23. Contract: 1947 Center Street Tenant Improvements

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with ProTech Consulting and Engineering for tenant improvements, increasing the existing contract by $15,000 for a total amount not to exceed $50,000.

Contact: Rene Cardinaux, Public Works, 981-6330

24. Contract: Design of Underground Supporting Structure

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with SBC California (SBC) in an amount not to exceed $26,400 to provide engineering services for design of the underground support structure for the Thousand Oaks Heights Applicant Financed Utility Underground District No. 1, for a design period of no more than 90 days from the notice to proceed.

Contact: Rene Cardinaux, Public Works, 981-6330

25. Contract: James Kenney Recreation Center Renovation

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for renovation of the James Kenney Recreation Center; 2) waiving permit fees; 3) accepting the bid of Kin Wo Construction, Inc.; and 4) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $772,604.

Contact: Rene Cardinaux, Public Works, 981-6330

26. Contract: Sanitary Sewer Project

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with McNamara and Smallman Construction, Inc. for a sanitary sewer project, increasing the existing contract amount by $196,000 for a total amount not to exceed $1,328,690, and extending the period 75 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6330

27. Lease: California Department of Transportation

From: City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute a five-year lease agreement with one five-year option to extend the term and any necessary amendments with the State of California Department of Transportation (CalTrans) for the vacant lot located at I-80/University Avenue underpass at Second Street, known as freeway lease area number 04-ALA-80-01 in an amount not to exceed $61,500 which includes monthly lease payments, operating expenses, insurance, options and security deposit to accommodate storage space for City departments.

Contact: Rene Cardinaux, Public Works, 981-6330

28. Notification Period on No-Parking Signs

From: City Manager

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.08.090 to extend the notification period on no-parking signs from 24 hours to 72 hours.

Contact: Rene Cardinaux, Public Works, 981-6330

29. Contract: CarShare Fleet

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with City CarShare to provide a semi-dedicated fleet of CarShare vehicles at locations and in quantities requested to provide employees with access to vehicles for work-related trips for the period November 1, 2003 through October 31, 2006 in an amount not to exceed $963,500.

Contact: Peter Hillier, Transportation, 981-7010

30. Ceremonial Matters (PDF, 50 KB)

From:  Mayor Bates

Recommendation:  Waive Council Rules of Procedure to allow for ceremonial matters to be placed on the Council agenda of October 21, 2003.

Contact:  Tom Bates, Mayor, 981-7100

31. Fee Waiver and Co-Sponsorship for Veterans Day Event in Civic Center Park (PDF, 79 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution co-sponsoring and waiving park usage, sound permit, and other fees associated with a Veterans Day event scheduled for Tuesday, November 11, 2003.

Contact: Tom Bates, Mayor, 981-7100

32. Proclamation: Honoring Berkeley Fire Department Captain Wayne Dismuke (PDF, 114 KB)

From: Councilmember Breland

Recommendation:  Approve a Proclamation honoring Berkeley Fire Department Captain Wayne Dismuke for his lifelong dedication to his post and the community.

Contact: Margaret Breland, Councilmember District 2, 981-7120

33. Opposition to US Senate Bill 150, “The Internet Tax Nondiscrimination Act of 2003” (PDF, 794 KB)

From: Councilmember Hawley

Recommendation:  Ask the City Clerk to send a letter to California Senators Feinstein and Boxer with a copy to Senator John McCain, Chair of the Senate Committee on Commerce, Science and Transportation, expressing concern over S. 150, “the Internet Non-Discrimination Act,” and request that: 1) the legislation be clarified to preserve local governments’ ability to collect both utility taxes and franchise fees related to telecommunications and cable television even if those services offer access to the Internet; 2) the legislation include a sunset; and 3) Senators Boxer and Feinstein oppose the legislation unless these clarifications are included.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

34. Berkeley Unified School District Environmental Review of School District Sites (PDF, 382 KB)

From: Councilmember Maio and Mayor Bates

Recommendation:  1) Request Berkeley Unified School District (BUSD) engage in an environmental study of all changes in the use of school district sites and that the District work collaboratively with the City on jointly mitigating traffic impacts to the neighborhood surrounding the Franklin School, including continual pursuit of the San Pablo driveway curb cut.  2) Council make a commitment to provide high priority traffic calming measures for the Franklin School neighborhood based on staff’s recommendation.

Contact: Linda Maio, Councilmember District 1, 981-7110

35. Creation of Homeless Storage Lockers (PDF, 363 KB)

From: Councilmember Worthington

Recommendation:  Support continued exploration of the creation of homeless storage lockers at service agency location(s).

Contact: Kriss Worthington, Councilmember District 7, 981-7170

36. Fee Waiver: 20th Annual Telegraph Avenue Holiday Street Fair (PDF, 85 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution waiving event, sound and insurance fees associated with the fair; allowing an exemption to Berkeley Municipal Code (BMC) Section 20.24.040, thereby allowing generic holiday vertical banners on light poles; extending the sound permit from 10 am to 6 pm; and allowing only cross traffic through on Telegraph Avenue from Dwight to Bancroft.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

37. Fee Waiver: Willard Neighborhood Association’s Annual Picnic (PDF, 71 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution retroactively waiving the permit fee for Willard Neighborhood Association’s (WNA) Annual Picnic and placing WNA’s Annual Picnic on the annual list of pre-approved special event waivers.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

38. Precautionary Principle Policy (PDF, 599 KB)

From: Councilmembers Worthington and Breland

Recommendation:  Adopt a Resolution adopting the Precautionary Principle and referring to staff the development of a Precautionary Principle Ordinance , an Environmentally Preferable Purchasing Policy (EP3), and a timetable for implementing EP3 elements.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

39. Proclamation: Honoring Japanese Visitors (PDF, 167 KB)

From:  Councilmember Spring

Recommendation:  Approve a proclamation honoring our Japanese visitors, the delegation from the ZENKO National Assembly for Peace and Democracy of Japan, working on behalf of peace; proclaiming October 21 through October 26, 2003 as “Berkeley-Nihon Heiwa Torikaeru Jidai (Berkeley-Japan Peace Exchange Days) in the City of Berkeley; and waiving Council rules to present the proclamation at the Council meeting of October 21, 2003.

Contact:  Dona Spring, Councilmember District 4, 981-7140

40. Wheelchair and Pedestrian Safety on Ashby Avenue (PDF, 153 KB)

From:  Councilmember Spring

Recommendation:  Refer to the City Manager recommendations for improving safety on Ashby Avenue for disabled people, those using wheelchairs and other pedestrians, as follows:  1) replace and widen the sidewalks on the north side of Ashby Avenue between Martin Luther King Jr. Way and Ellis Street; 2) conduct a study of other pedestrian safety improvements needed on Ashby; 3) write to Caltrans demanding they fund pedestrian safety improvements on Ashby which currently poses a very dangerous threat to the lives of disabled people; 4) review the City’s legal options to compel Caltrans to improve pedestrian safety on Ashby; and 5) diligently pursue grant funding for the purpose of funding visibility improvements for individual residents electric wheelchairs and other disabilities.

Contact:  Dona Spring, Councilmember, District 4, 981-7140

41. No Smoking in Bus Shelters

a.      From: Commission on Aging and Commission on Disability (PDF, 191 KB)

Recommendation:  Direct the City Manager to amend Berkeley Municipal Code (BMC) Section 12.70.030 to include no smoking in bus shelters.

Contact: Lisa Ploss, Secretary, 981-5178 and Paul Church, Secretary, 981-6342

b.      From: City Manager (PDF, 43 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Fred Medrano, Health and Human Services, 981-5100

42. General Provisions Ordinance Amendment to Include Saturdays as Business Days

a.      From: Citizens Humane Commission (PDF, 312 KB)

Recommendation:  Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Section 1.04.080 to include Saturdays as a business day for the Animal Shelter in order to speed up the adoption process timelines governed by state law.

Contact: Katherine O’Connor, Secretary, 981-6601

b.      From: City Manager (PDF, 57 KB)

Recommendation:  The City Manager concurs with the content and recommendations of the report.

Contact: Jim Hynes, Assistant to City Manager, 981-2489

43. Donation: Rotary Club for Shorebird Park Improvements

a.      From: Parks and Recreation Commission (PDF, 176 KB)

Recommendation:  Adopt a Resolution accepting a donation from the Rotary Club in an amount exceeding $1,000; and approve signage in Shorebird Park acknowledging the donation.

Contact: Deborah Chernin, Secretary, 981-6715

b.      From: City Manager (PDF, 53 KB)

Recommendation:  The City Manager concurs with the content and recommendation of the report.

Contact: Lisa Caronna, Parks and Waterfront, 981-6700

 

Action Calendar – Public Hearing

44. Appeal: 1936 Delaware Street

a.      From: City Manager (October 14, 2003)

Recommendation:  Conduct a public hearing and upon conclusion, adopt a Resolution approving the proposed project subject to findings and conditions that incorporate certain parameters set forth in a neighborhood agreement and dismissing the appeal.

Contact: Dan Marks, Planning, 981-7400

b.      From: City Manager (September 9, 2003)

Recommendation:  Continue the hearing to October 14, 2003.

Contact:  Dan Marks, Planning, 981-7400

c.       From:  City Manager (July 8, 2003)

Recommendation:  Continue the public hearing to either July 15, 2003 or September 16, 2003 in an effort to reach an agreement between the parties.

Contact:  Phil Kamlarz, Planning, 981-7400

d.      City Manager Supplemental Report  (June 17, 2003)

Recommendation:  Grant the request of the applicant and appellant to continue the public hearing, without taking testimony, to July 8, 2003, and waive Council rules to schedule a public hearing on a non-public hearing night.

Contact:  Phil Kamlarz, Planning, 981-7400

e.      From: City Manager (May 13, 2003)

Recommendation:  Adopt a Resolution affirming the Zoning Adjustments Board’s approval of Use Permit #02-10000060, to add two dwellings by enlarging an existing single-family dwelling by raising it one story and by constructing a second two-story building, and dismissing the appeal.

Contact: Carol Barrett, Planning, 981-7400

f.        Appeal (May 13, 2003)

1.      Ted Kluger

g.      Communications (May 13, 2003)

1.      Jane and Ted Kluger (3)

2.      Patricia Hom

3.      David Levy, Morrison & Foerster

4.      Rena Rickles

h.      Supplemental Communications (May 13, 2003)

20.  Ted Kluger (2)

21.  Petition with 46 Signatures, submitted by Jayne Kluger

22.  Rena Rickles

23.  James Mellgren

24.  Sydney Turnshek

i.        Supplemental Communications (May 13, 2003)

39.  Sydney Turnshek

40.  James Mellgren

j.        Communications (June 17, 2003)

1.      Ted Kluger (2)

2.      David C. Levy, Morrison & Foerster LLP (2)

3.      Sydney Turnshek

k.      Supplemental Communications (June 17, 2003)

16.  Rena Rickles (2)

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

45. 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


Action Calendar – New Business

46. Voting Delegates – Congress of Cities

From: City Manager

Recommendation:  Designate a voting delegate and alternate to act on behalf of the City at the Annual Business Meeting at the National League of Cities’ Congress of Cities and direct the City Clerk to transmit the names of the delegates to the League no later than October 15, 2003.

Contact: Sherry Kelly, City Clerk, 981-6900

47. City Manager’s Contract Authority

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the Berkeley Municipal Code (BMC) Section 7.18.010 (B) to increase the City Manager’s expenditure authority for capital improvements, including improvements and playground equipment, to $100,000, adding Section 7.18.010 (C) to increase the City Manager’s general expenditure authority for supplies, equipment, and materials to $50,000, and amending the Berkeley Municipal Code (BMC) Section 7.18.020 to increase the City Manager’s emergency expenditure authority to $50,000.

Contact: Fran David, Finance, 981-7200

48. Taxi Permits for Wheelchair Accessible Taxis

a.      From: Commission on Disability (PDF, 187 KB)

Recommendation:  Direct the City Manager to issue up to 10 additional permits to be used exclusively for wheelchair accessible taxi service.

Contact: Paul Church, Secretary, 981-6342

b.      From: Commission on Aging (PDF, 70 KB)

Recommendation:  Support the proposal from the Commission on Disability for the issuance of up to 10 additional taxi permits to be used exclusively for wheelchair accessible taxi service.

Contact: Lisa Lisa Ploss, Secretary, 981-5178

c.       From: City Manager

Recommendation:  Take no action on the request from the Commission on Disability and direct the City Manager to analyze operational, program, and fiscal impacts, returning with a proposal for its implementation as part of the presentation on Berkeley Paratransit Services, currently scheduled for November 25, 2003.

Contact: Rene Cardinaux, Public Works, 981-6330 and Fran David, Finance, 981-7200

49. Living Wage Ordinance Wage Rate Increases (PDF, KB)

a.      From: Commission on Early Childhood Education

Recommendation:  Adopt a Resolution placing a moratorium on the implementation of the Living Wage Ordinance wage rate increases for Fiscal Year 2004 for the non-profit organizations affected, and create a task force of non-profit organizations and City Councilmembers to review the consequences of these increases and devise a realistic implementation schedule.

Contact: Errol Johnson, Secretary, 981-5417

b.      From: City Manager

Recommendation: 

Contact: Stephen Barton, Housing, 981-5400

50. Policy for Naming Public Facilities (CF 127-02)

a.      From: Parks and Recreation Commission (PDF, 1 MB)

Recommendation: Adopt a Resolution approving a policy for naming and renaming public facilities.

Contact: Deborah Chernin, Secretary, 981-6715

b.      From: City Manager (PDF, 65 KB)

Recommendation:  The City Manager takes no position concerning the recommendations of the Commission.

Contact: Lisa Caronna, Parks and Waterfront, 981-6700

51. Funding for Traffic Circles

a.      From: City Manager

Recommendation:  Make available up to $140,000 of FY 2003-2004 Bike Implementation Plan General Fund for the installation of traffic calming circles on streets which are not Bicycle Boulevards or other primary bicycle routes or facilities.

Contact: Peter Hillier, Transportation, 981-7010

b.      From: Transportation Commission

Recommendation:  To uphold motions adopted at the September 18, 2003 Transportation Commission meeting: 1) supporting the City Council compromise motion to designate the $140,000 recently shifted from the Bicycle Fund to Traffic Calming to be earmarked explicitly for use for traffic circles on Bicycle Boulevards; and 2) reaffirming previous action on installing semi-permanent traffic circles. In addition, at its meeting of March 20, 2003, the Transportation Commission adopted a motion stipulating that those neighborhoods requesting extensively landscaped traffic circles be funded through private contributions or additional City appropriations rather than the existing traffic calming funds which are currently designated for low-cost designs.

Contact: Peter Hillier, Secretary, 981-7010

 

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

52. Formal Bid Solicitations and Request for Proposals

From: City Manager

Contact: Fran David, Finance, 981-7300

53. Landmarks Preservation Commission Notices of Decision: 2161 Shattuck Avenue - Landmark Designation

From: City Manager

Contact: Dan Marks, Planning, 981-7400

54. Landmarks Preservation Commission Notices of Decision: 3075 Telegraph Avenue - Landmark Designation

From: City Manager

Contact: Dan Marks, Planning, 981-7400

55. Public Access to Megan’s Law CD Rom (CF 32-03)

From: City Manager

Contact: Roy Meisner, Police, 981-5900

 

Communications

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

Popeye’s Chicken

1.      Patricia Monahan

2.      Michele DiTomas

3.      Modesto Covarrubias

4.      Pam Ormsby

5.      Marina Barnett

6.      Paul Shain

7.      David Stevens

8.      Laurence Miller

Noise Disturbances at 2724 College Avenue

9.      Anne Marselis Whyte (2)

Legal Consequences of Lead Paint Poisoning

10.  Anne Marselis Whyte

China’s Hippies Find Their Berkeley

11.  Anne Marselis Whyte

Landmarks Preservation Commission

12.  Ken Stein

Franklin School

13.  Shirley Dean

14.  Joy Flaherty

Car-free Paris

15.  Hank Resnik

Biomed Firm Employees Targeted at Home

16.  Jim Ristrem

Free the Cuban Five

17.  Rene Gonzalez Sehwerert c/o Gloria La Riva

Condemn Animal Declawing

18.  Richard Schumacher, California Veterinary Medical Association

Appeal of Administrative Use Permit: 03-9000-113

19.  Tim and Marley Lyman

Homeless Locker Program

20.  Jim Hultman

Residential Project at 1698 University Avenue

21.  Mary Ann Botner

22.  Walter Wood

The Effects of Mountain Biking on Wildlife and People

23.  Mike Vandeman

Rowing at Aquatic Park

24.  J. Andrew Helmlinger

Lights On Afterschool

25.  Rosemary Obeid and Angie Garling

Residential Housing Safety Program

26.  Theodore R. Edlin

Driving with Hand-held Cell Phones

27.  Karen Craig

Automatic Door Openers – Hand and Foot Plates for the Disabled

28.  Karen Craig

Wheelchair Access: Northwest Corner of Cedar & Martin Luther King, Jr. Avenue

29.  Karen Craig

Permit Center Building: 3rd Floor Bathroom Doors

30.  Karen Craig

 

Adjournment