Moved,
seconded and carried (Worthington/Shirek) to adopt the Consent Calendar in one
motion except as indicated:
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
Action: Adopted
Ordinance No. 6,769-N.S. (PDF, 150 KB) Effective
October 16, 2003.
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
Action: Adopted Ordinance No. 6,770-N.S. (PDF,
157 KB) Effective October 16, 2003.
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
Action: Adopted Ordinance No. 6,771-N.S. (PDF,
210 KB) Effective October 16, 2003.
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
Action: Adopted Resolution No. 62,218-N.S. (PDF,
367 KB)
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
Action: Adopted first reading of Ordinance. Second
reading scheduled for October 14, 2003.
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
Action: Adopted Resolution No. 62,219-N.S. (PDF,
60 KB)
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
Action: Adopted Resolution No. 62,220-N.S. (PDF,
110 KB)
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
Actions: Removed from the Consent Calendar by
Councilmember Wozniak. Moved, seconded,
carried (Wozniak/Hawley; Abstain – Olds) to adopted first reading of two
Ordinances. Second readings scheduled for October 14, 2003.
Moved, seconded, carried (Wozniak/Olds) to refer to the
staff and to the Planning Commission for study and a report within six months
on policies and regulations required to permit additional Bed and Breakfast
establishments in residential areas.
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 $62,000; and (2) extend the term to June 30, 2005.
Contact: Stephen Barton, Housing, 981-5400
Action: Removed from
the Consent Calendar by Councilmember Wozniak.
Moved, seconded, carried (Worthington/Maio) to adopt Resolution No.
62,221-N.S. (PDF, 77 KB)
10. Contract: Financial Software Maintenance (PDF, 180 KB)
From: City
Manager
Recommendation: Adopt a Resolution authorizing
the City Manager to enter into an agreement with H.T.E. Inc. for maintenance
software for the City’s financial system, FUND$, 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
Action: Withdrawn by
the City Manager.
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
Preservation 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
Action: Removed from the Consent Calendar by
Councilmember Hawley. Moved, seconded,
carried (Hawley/Worthington) to adopt Resolution No. 62,222-N.S. (PDF,
269 KB) with a request
that the Commission finish their work on this as soon as possible.
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
Action: Adopted
Resolution No. 62,223-N.S. (PDF, 87 KB)
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
Action: Adopted Resolution No. 62,224-N.S. (PDF,
98 KB)
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
Action: Adopted Resolution No. 62,225-N.S. (PDF,
102 KB)
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
Action: Adopted
Resolution No. 62,226-N.S. (PDF, 58 KB)
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
Action: Approved recommendation.
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
Action: Adopted
Resolution No. 62,227-N.S. (PDF, 91 KB)
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
Action: Removed from the Consent Calendar by
Councilmember Wozniak. Mayor Bates
announced he would need to recuse himself due to his residence being within 300
feet of the area in question. Moved,
seconded, carried (Worthington/Breland; Absent – Olds, Bates) to approve the
recommendation amended to refer any Citywide permanent heavy truck traffic
policy to the Transportation Commission and that staff develop a process for
determining pilot study locations.
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 $122 fee for the
annual BBQ kick-off for the academic monitoring program.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Adopted Resolution No. 62,228-N.S. (PDF,
62 KB)
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
Action: Approved
recommendation.
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
Action: Approved recommendation and presented
proclamation.
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.
Action: Adopted
Resolution No. 62,229-N.S. (PDF, 151 KB)
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
Action:
Approved recommendation and referred written comments to staff.
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
Action: Approved proclamation and recommendation.
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
Action: Approved recommendation.
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
Action: Approved recommendation.
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
Action: Approved recommendation.
