Moved,
seconded and carried (Wozniak/Worthington) to adopt the Consent Calendar in one
motion except as indicated:
1.
Massage Parlor Permits (PDF, 438 KB)
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
Action: Adopted Ordinance No. 6,772 –
N.S. (PDF, 143 KB) Effective
November 13, 2003.
2.
Bed and Breakfast Establishments in Residential Areas
(PDF, 691 KB) (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
Action: Adopted Ordinance No. 6,773 –
N.S. (PDF, 228 KB) and
Ordinance No. 6,774 – N.S. (PDF, 97 KB) Effective
November 13, 2003.
3.
Minutes for Approval (PDF, 2.7 MB)
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
Action: Approved
minutes for September 11, 2003 (special) and September 16, 2003 (regular).
Minutes of September 9, 2003 (regular) removed from the Consent Calendar by
Councilmember Maio and held over to November 4, 2003.
4.
Needle Exchange (PDF, 164 KB)
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
Action: Adopted
Resolution No. 62,234 – N.S. (PDF, 102 KB)
5.
Cost for Removing Graffiti on Private Property
(PDF, 541 KB) (CF 60-02 and 192-02)
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 Code (BMC) Sections 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
Action: Removed
from the Consent Calendar by Councilmember Maio. Moved, seconded, carried (Maio/Worthington; Abstain – Shirek) to
adopt first reading of the ordinances. Second readings scheduled for October
21, 2003. Councilmember Maio requested that the City Manager develop a
community education and outreach campaign and report back to Council.
6.
Settlement Agreement: Stuart, et al. v. City of Berkeley, et
al. (PDF, 152 KB)
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
Action: Adopted
Resolution No. 62,235 – N.S. (PDF, 75 KB)
7.
Unauthorized Removal of Newspapers (PDF, 315 KB) (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
Action: Adopted
first reading of the ordinance. Second reading scheduled for October 21, 2003.
8.
Contract: North Shattuck Association Business Improvement
District (PDF, 294 KB)
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
Action: Adopted
Resolution No. 62,236 – N.S. (PDF, 90 KB)
9.
Contract: Janitorial Services for Mental Health Facilities (PDF, 299 KB)
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
Action: Adopted
Resolution No. 62,237 – N.S. (PDF, 100 KB)
10.
Grant: One-Stop Career Center (PDF, 628 KB)
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
Action: Adopted
Resolution No. 62,238 – N.S. (PDF, 111 KB)
11.
Contract: Winter Voucher and Winter Shelter Programs (PDF, 346 KB)
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
Action: Adopted
Resolution No. 62,239 – N.S. (PDF, 81 KB)
12.
Grant Application: State Local Housing Trust Fund Program (PDF, 393 KB)
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 30% for special needs
population; 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
Action: Adopted
Resolution No. 62,240 – N.S. (PDF, 128 KB)
13.
Predevelopment Loan Agreement: Jubilee Restoration, Inc. (PDF, 371 KB)
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
Action: Adopted
Resolution No. 62,241 – N.S. (PDF, 74 KB)
14.
Classification: Accounting Manager (PDF,
828 KB)
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
Action: Adopted
Resolution No. 62,242 – N.S. (PDF, 72 KB)
15.
Classification: Community Service Officer and Police Service
Assistant Classes
(PDF, 1 MB)
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
Action: Adopted
Resolution No. 62,243 – N.S. (PDF, 109 KB)
16.
Classification: Public Works Solid Waste Division (PDF, 2 MB)
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
Action: Adopted
Resolution No. 62,244 – N.S. (PDF, 68 KB)
and Resolution No. 62,245 – N.S. (PDF,
68 KB)
17.
Employee Supplemental Retirement Plan (PDF, 509 KB)
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
Action: Adopted
Resolution No. 62,246 – N.S. (PDF, 131 KB)
18.
Contract: Portable Toilet Rental and Service (PDF, 332 KB)
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
Action: Adopted
Resolution No. 62,247 – N.S. (PDF, 70 KB)
19.
Contract: University Avenue Median Landscaping Renovations-Phase
2 (PDF, 354 KB)
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
Action: Adopted
Resolution No. 62,248 – N.S. (PDF, 147 KB)
20.
Threat of a Sudden Oak Death Epidemic
(PDF, 192 KB) (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
Action: Removed from the Consent Calendar by
Councilmember Olds. Moved, seconded,
carried (Olds/Worthington; Absent – Maio) to approve recommendation.
21.
Grants: 2002 Resources Bond Act: California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (PDF, 364 KB)
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
Action: Adopted
Resolution Nos. 62,249 – N.S. (PDF, 129 KB) and 62,250 –
N.S. (PDF, 134 KB)
22.
Contracts: Juvenile
Accountability Incentive
(PDF, 262 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to: 1) execute a grant agreement 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 Youth 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
Action: Adopted
Resolution No. 62,251 – N.S. (PDF, 146 KB)
23.
Contract: 1947 Center Street Tenant Improvements (PDF, 218 KB)
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
Action: Adopted
Resolution No. 62,252 – N.S. (PDF, 77 KB)
24.
Contract: Design of Underground Supporting Structure (PDF, 434 KB)
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
Action: Adopted
Resolution No. 62,253 – N.S. (PDF, 116 KB)
25.
Contract: James Kenney Recreation Center Renovation (PDF, 292 KB)
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
Action: Removed
from Consent Calendar by Councilmember Spring and held over to October 21,
2003.
26.
Contract: Sanitary Sewer Project (PDF, 478 KB)
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
Action: Adopted
Resolution No. 62,254 – N.S. (PDF, 118 KB)
27.
Notification Period on No-Parking Signs (PDF, 281 KB)
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
Action: Adopted first reading of ordinance. Second reading scheduled for
October 21, 2003.
28.
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
Action: Approved recommendation.
29.
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
Action: Adopted
Resolution No. 62,255 –N.S. (PDF, 71 KB)
30.
Proclamation: Honoring Fire Department Captain Wayne Dismuke (PDF, 114 KB)
From: Councilmember Breland
Recommendation: Approve a Proclamation
honoring Fire Department Captain Wayne Dismuke for his lifelong dedication to
his post and the community.
Contact: Margaret Breland,
Councilmember District 2, 981-7120
Action: Approved
proclamation.
31.
Oppose 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
Action: Approved
recommendation.
32.
Berkeley Unified School District Environmental Review of
School District Sites
(PDF, 393 KB)
From: Councilmember Maio and Mayor Bates
Recommendation: 1) Request Berkeley
Unified School District (BUSD) engage in an environmental study of all major
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
Action: Removed
from Consent Calendar by Councilmember Olds. Moved, seconded, carried
(Worthington/Maio; Abstain – Olds, Breland) to approve recommendation as
revised by Councilmember Maio as noted above.
33.
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
Action: Held
over by Councilmember Worthington to October 21, 2003.
34.
Fee Waiver: Willard Neighborhood Association’s Annual Picnic (PDF, 67 KB)
From: Councilmember Worthington
Recommendation: Adopt a
Resolution retroactively waiving the permit fee for Willard Neighborhood
Association’s (WNA) Annual Picnic.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Adopted
Resolution No. 62,256 –N.S. (PDF, 55 KB)
35.
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
Action: Approved
proclamation.
36.
No Smoking in Bus Shelters
a. From:
Commission on Aging and Commission on Disability (PDF, 202 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, 45 KB)
Recommendation: The City Manager concurs with
the content and recommendations of the report.
Contact: Fred Medrano, Health
and Human Services, 981-5100
Action: Approved
recommendation.
37.
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
Action: Adopted
first reading of ordinance. Second reading scheduled for October 21, 2003. Councilmember Wozniak asked staff to review
the ordinance to ensure that this change would not accelerate the euthanization
of animals and if necessary provide an amendment that would provide for a
longer holding period.
38.
Donation: Rotary Club for Shorebird Park Improvements
a. From:
Waterfront Commission (PDF, 178 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, 55 KB)
Recommendation: The City Manager concurs
with the content and recommendation of the report.
Contact: Lisa Caronna, Parks
and Waterfront, 981-6700.
Action: Adopted
Resolution No. 62,257 –N.S. (PDF, 55 KB)
