Regular Meeting eAgenda
September 20
, 2005

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Printer-friendly PDF* agenda: (190 KB)

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 20, 2005

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either the Council Chambers or at the teleconference location.  Questions regarding this matter may be addressed to Sara T. Cox, City Clerk, 981-6900.
 

Preliminary Matters

Roll Call

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

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 taken up after the "Action Calendar" unless the Council reorders the agenda.

1.      Abrogating Common Law Doctrine of Incompatible Public Offices with Respect to Membership on Two or More City Boards or Commissions (PDF, 10 KB) (First Reading September 13, 2005; Abstain–Capitelli; Noes – Olds, Wozniak)

From: Councilmember Worthington

Recommendation:  Adopt second reading of an Ordinance adding Berkeley Municipal Code (BMC) Chapter 3.80, Abrogating Common Law Doctrine of Incompatible Public Offices with Respect to Membership on Two or More City Boards or Commissions.

Financial Implications: Administrative costs

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

2.      Contract: Annual Maintenance Support of CommITS (PDF, 24 KB)

From: City Manager

Recommendation: Adopt a Resolution amending the contract with ClearFrame Solutions (formerly JPH International (JPHI)) to provide annual maintenance support for the Community Issues Tracking System (CommITS), increasing the contract by $11,995 for an amount not to exceed $133,495, and extending the term to June 30, 2006.

Financial Implications: General Fund - $11,995

Contact: Arrietta Chakos, City Manager, 981-7000

3.      Lease Agreement: 1769 Alcatraz Avenue (PDF, 383 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Thomas Goetzl for real property located at 1769 Alcatraz Avenue, in an amount not to exceed $24,000, for the purpose of leasing office space for the Black Infant Health Program for the period November 1, 2005 to October 31, 2007, with an option to extend for an additional two year period.

Financial Implications: Health Fund - $24,000

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

4.      Contract: Project Management Services (PDF, 24 KB)

From: City Manager

Recommendation: Adopt a resolution: 1) authorizing the City Manager to execute an amendment to the contract with William Gargan to provide project management services for the Hills Fire Station; and 2) increasing the contract amount by $120,050 for a total not to exceed $145,000 for the period June 13, 2005 to April 30, 2006.

Financial Implications: Measure G Funds - $120,050

Contact: Claudette Ford, Public Works, 981-6300

5.      Contract: Public Safety Building Janitorial Services (PDF, 4 KB) (Held over from September 13, 2005; To be delivered)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Universal Building Services to provide janitorial services at the Public Safety Building in an amount not to exceed $108,720, for the period September 1, 2005 to June 30, 2006; and approving options to extend the contract for two additional one-year periods in an amount not to exceed $129,464 for FY 2007, and $129,464 for FY 2008.

Financial Implications: Building Maintenance Fund - $108,720

Contact: Claudette Ford, Public Works, 981-6300

6.      Support Proposition 80 Ballot Measure in the Special Election (PDF, 35 KB)

From: Councilmember Worthington

Recommendation: Support Proposition 80 in the special election, which would place electric service providers in the State of California under control and regulation by the California Public Utilities Commission and will also require all electric sellers to increase their renewable energy resource procurement by 1% per year to a level of 20% by 2010.

Financial Implications: None.

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

7.      Environmental Review of Proposed Location for Ferry Service (PDF, 154 KB)

a.      From: Transportation Commission

Recommendation: Request that the Water Transit Authority (WTA) proceed with an environmental review of ferry service for Berkeley in conjunction with a long range plan to expand ferry service in the San Francisco Bay Area, including: a review of all potential terminal sites in Berkeley (University Avenue and Gilman Street) and Albany (Buchanan Street); the scope of environmental review should include analysis of the transit market, including reverse ridership; and the ferry service plan should be consistent with the Transportation Element of Berkeley’s General Plan.

Financial Implications: None

Contact: Peter Hillier, Secretary, 981-7010

b.      From: City Manager

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

Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business

8.      Administrative Fees: Inclusionary Housing Program (PDF, 437 KB) (Held over from September 13, 2005)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt first reading of Ordinance adding Berkeley Municipal Code (BMC) Section 23C.12.100 authorizing the City Council to set fees by Resolution; and 2) adopt a Resolution to be effective upon the effective date of the Ordinance, approving the Inclusionary Housing Program administrative fees specified in the Resolution.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400

9.      Sponsorship for BAHIA’s 30th Anniversary Celebration (PDF, 8 KB) (Held over from September 13, 2005)

From: Councilmember Maio

Recommendation:  Refer to the City Manager a request to determine a funding source to enable the City to become an Amigo Sponsor of BAHIA’s 30th Anniversary Celebration on Friday, September 30, 2005.

Financial Implications: $1,000.

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

10.  Revisions of the Elmwood Business District Quotas (PDF, 30 KB) (Held over from September 13, 2005)

From: Councilmember Wozniak

Recommendation: Request that the City Manager refer recommended revisions of the Elmwood Business Quota Committee to the Planning Department and the Planning Commission so that they can be incorporated into the zoning ordinance, including: 1) to simplify the current seven category quota system by replacing it with a two quota system (Barber/Beauty and Food Service establishments); and 2) to maintain business diversity by prohibiting businesses from expanding into adjacent business spaces.

Financial Implications: Administrative costs

Contact: Gordon Wozniak, Councilmember District 8, 981-7180

Action Calendar – New Business

11.  Amendment to the Condominium Conversion Ordinance (PDF, 115 KB)

From: City Manager

Recommendation: Adopt first reading of Ordinance amending Berkeley Municipal Code (BMC) Chapter 21.28, Condominiums, Community Apartments, Stock Cooperatives and Tenancy in Common Projects.

Financial Implications: Unknown

Contact: Stephen Barton, Housing, 981-5400

12.  Housing Advisory Commission Representation on the Joint Density Bonus Subcommittee (PDF, 23 KB)

a.      From: Housing Advisory Commission

Recommendation: Adopt a Resolution appointing all members of the Housing Advisory Commission ad hoc subcommittee on Density Bonus and Inclusionary Housing to the Joint Density Bonus Subcommittee.

Contact: Oscar Sung, Secretary, 981-5410

b.      From: City Manager

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

Contact: Stephen Barton, Housing, 981-5400

13.  Downtown Area Plan Process

a.      From: Transportation Commission (PDF, 25 KB)

Recommendation: Request that Council: 1) direct the Transportation Commission to appoint a transportation representative to serve on any Downtown Area Plan (DAP) Committee or Task Force that may be established; 2) appoint the Office of Transportation (OOT) and Transportation Commission (TC) to be the lead City agencies for the development of transportation policies related to any new Downtown Area Plan and that the OOT and the TC review any proposed transportation policies before consideration by the Planning Commission or by Council and before inclusion in any Plan; and 3) create the Downtown Area Plan Committee/Task Force based upon the Hotel/Convention Center Task Force/Downtown Berkeley Plan model and include representatives of appropriate stakeholder groups.

Financial Implications: None

Contact: Peter Hillier, Secretary, 981-6300

b.      From: City Manager (PDF, 22 KB)

Recommendation: Refer the recommendations of the Transportation Commission to the larger process to come back to Council at the September 27, 2005 meeting; take into consideration suggestions regarding the Commission’s membership on a potential Downtown Area Plan Task Force; and conduct a review of transportation policies as a work plan is developed.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Information Reports

14.  Investment Report: Quarter Ended June 30, 2005 (PDF, 1 MB)

From: City Manager

Contact: Fran David, Finance, 981-7300
 

Communications (PDF, 4 KB)

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

Downtown Area Plan Process

1.      Juliet Lamont

2.      Sierra Club, submitted by Andy Katz, Chair

Multifamily Housing (MHP) Student Housing Program Funding

3.      University Students’ Cooperative Association, submitted by Johnny George, USCA President, and George O. Proper, General Manager

Toxic Spill in Strawberry Creek

4.      Juliet Lamont

5.      Tom Kelly

Newsletter

6.      Frank Thompson

E-mail Update from Mayor Bates

7.      JuneinBerkeley@****.com

8.      Cisco DeVries, Chief of Staff, Office of Mayor Tom Bates

 

Adjournment