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. Minutes for Approval (PDF, 3.2 MB)

   From:  City Manager

   Recommendation:  Approve minutes of:  a)  September 10, 2002 (regular); b)  September 10, 2002 (special); c)  September 17, 2002 (regular); d)  September 17, 2002 (special)  and e)  September 24, 2002 (regular).

   Contact:  Sherry Kelly, City Clerk 981-6900
    

2. Needle Exchange Emergency Distribution (PDF, 166 KB)

   From:  City Manager

   Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from the 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
    

3. Smokefree Doorways (CF 23-02) (PDF, 482 KB)

   From:  City Manager

   Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 12.70, the Smoking Pollution Control Ordinance, of Title 12, Public Health, to add Section 12.70.030.U and to amend Sections 12.70.060A and 12.70.060D relating to a ban on smoking within 20 feet of entrances, exits, and air intake vents of buildings open to the public.

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

4. Regulating Business Licenses (PDF, 329 KB)

   From: City Manager

   Recommendation:  Adopt first reading of an Ordinance amending Chapter 9.04 of the Berkeley Municipal Code (BMC), to delete references to any specific version of the Standard Industrial Classification (SIC) Manual.

   Contact: Fran David, Finance 981-7300
    

5. Marina Berths for Nonprofits in Exchange for Community Service (PDF, 262 KB)

   From:  City Manager

   Recommendation:  Adopt a Resolution approving applications for renewal of nonprofit in lieu of fee status and waiving berth fees at the Berkeley Marina for the Cal Sailing Club and Nautilus Institute.

   Contact:  Lisa Caronna, Parks and Waterfront 981-6700
    

6. Contract:  Vehicle Wash and Detail (PDF, 340 KB)

   From: City Manager

   Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Berkeley Touchless Car Wash for car wash and detailing services for one year beginning November 1, 2002, with an option for the City Manager to extend the contract up to five years in an amount not to exceed $40,000 annually.

   Contact: Rene Cardinaux, Public Works 981-6300
    

7. Contract:  Homeless Prevention Program (PDF, 148 KB) (To be delivered)

   From: City Manager

   Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract with Eden Council for Hope and Opportunity, Inc. in the amount of $110,000 for continuing operation of the City’s Homeless Prevention Program for the period July 1, 2002 through June 30, 2003.

   Contact:  Stephen Barton, Housing 981-5400
    

8. Confirm Appointment of Zelda S. Clark to the Berkeley Housing Authority (PDF, 269 KB)

   From:  Mayor Dean

   Recommendation:  Adopt a Resolution confirming the Mayor’s appointment of Zelda S. Clark to the vacant Tenant Commissioner position on the Berkeley Housing Authority.

   Contact:  Shirley Dean, Mayor 981-7100
    

9. Pedestrian Signal for the Blind (PDF, 109 KB)

   From:  Mayor Dean

   Recommendation:  Refer to the City Manager, the Commission on Disability, the Transportation Commission, and the Public Works Commission, a request to evaluate and report back to Council on the most appropriate type of pedestrian signalization for blind persons that is feasible in the context of the City’s total signalization program, needs, and costs, and the many varieties of pedestrian signalization possibilities for the visually-impaired.

   Contact:  Shirley Dean, Mayor 981-7100
    

10. Budget Referral: City CarShare (PDF, 141 KB)

    From:  Councilmember Hawley

    Recommendation:  Refer to the budget process a request from City CarShare for $54,400 in FY2002-03 to add additional vehicles and clean-air vehicles to the CarShare fleet.

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

11. Support for House Concurrent Resolution 473 (PDF, 309 KB)

    From:  Councilmembers Hawley and Armstrong

    Recommendation:  Support House Resolution 473, recently introduced by Representative Barbara Lee, “expressing the sense of Congress with respect to the importance of the United States working through the United Nations to assure Iraq’s compliance with the United Nations Security Council Resolutions and advance peace and security in the Persian Gulf region.”  Send letters confirming the City’s support to Congresswoman Lee, Senators Boxer and Feinstein, and President Bush.

    Contact:  Mim Hawley, Councilmember District 5, 981-7150; Polly Armstrong, Councilmember District 8, 981-7180
     

12. Support of House Concurrent Resolution 473 (PDF, 380 KB)

    From:  Councilmember Maio and Vice Mayor Shirek

    Recommendation:  Support House Concurrent Resolution 473 calling for the United States to work through the United Nations to renew arms inspection, assure Iraqi compliance with U.N. Resolution, oppose unprovoked unilateral first-strike military action, and communicate our support to the President, the Congress, and the Secretary General of the United Nations.

    Contact:  Linda Maio, Councilmember District 1, 981-7110; Maudelle Shirek, Councilmember District 3, 981-7130
     

13. Support Resolution for Equal Representation in UC Berkeley Admissions, Standardized Tests, and the New Master Plan for Education (PDF, 1.3 MB)

    From:  Councilmember Worthington

    Recommendation:  Support the Resolution to support equal representation and affirmative action in UC Berkeley admissions, standardized tests, and the New Master Plan for education.

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

14. Support Resolution for Global Day of Protest Against Coca-Cola to Provide HIV/AIDS Treatment for Their Workers in Africa (PDF, 909 KB)

    From:  Councilmember Worthington

    Recommendation:  Support the Resolution for a global day of protest against Coca-Cola to provide HIV/AIDS treatment for their workers in Africa.

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

15. Fee Waiver:  Sound Permit for Concert for Peace (PDF, 56 KB)

    From:  Councilmember Worthington

    Recommendation:  Adopt a Resolution waiving sound permit fee for Concert for Peace, Saturday, October 12, 2002, from 2:00 to 5:00 p.m. in People’s Park.

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

16. Fee Waiver: Sound Permit for Star Alliance Concert (PDF, 46 KB)

    From:  Councilmember Spring

    Recommendation:  Waive $28 for a sound permit for a multi-cultural concert Saturday, October 12, 2002 at People’s Park.

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

17. Proclamation Honoring Robert Zimmerman and His Music (PDF, 195 KB)

    From:  Councilmember Worthington

    Recommendation:  Support the proclamation honoring Robert Zimmerman and his music.

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

18. Fee Waiver: Annual Back to School – Stay in School Community Fair (PDF, 69 KB)

    From:  Councilmember Breland

    Recommendation:  Adopt a Resolution waiving fees associated with Annual Back to School – Stay in School Community Fair sponsored by McGee Avenue Baptist Church.  This includes 2 blocks of street closure (1 block McGee/1 block Stuart St., event permit, sound permit, and maintenance deposit).

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

19. Art in Public Spaces (PDF, 62 KB)

    From:  Councilmembers Maio and Spring

    Recommendation:  Direct the City Manager to ensure all artwork to be placed in public spaces be reviewed and approved by the Civic Arts Commission.

    Contact:  Linda Maio, Councilmember District 1, 981-7110/Dona Spring, District 4, 981-7140
     

20. Recording Spring’s Vote Supporting the 2471 Shattuck Avenue Housing Project (PDF, 52 KB)

    From:  Councilmember Spring

    Recommendation:  The City Clerk record Councilmember Spring voting in support of the 2471 Shattuck Avenue mixed use commercial and housing development and that the City Clerk make this change to the July 23, 2002 minutes and Resolution.

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

21. Establishing Transportation Mitigation Fees (PDF, 67 KB)

    From:  Councilmember Spring

    Recommendation:  Request the City Manager study and establish a policy to allow the City to collect transportation mitigation fees when parking requirements are waived.

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