Agenda Committee Item #6
Council Draft Agenda - September 27, 2005

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 27, 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 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.

  1. Proclamation: Tejada Family
  2. Proclamation presented to Indigenous Peoples Day Committee honoring Indigenous People’s Day on October 8, 2005

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.      Amendment to the Condominium Conversion Ordinance (First Reading September 20, 2005 – Unanimous)

From: City Manager

Recommendation: Adopt second 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

2.      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: Sara T. Cox, City Clerk, 981-6900

3.      Contract: City of Albany Animal Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the City of Albany for the Berkeley Animal Shelter to provide animal care services for the City of Albany in an amount not to exceed $26,127, to be paid by the City of Albany in FY 2006.

Financial Implications: General Fund - $26,127 revenue

Contact: Jim Hynes, City Manager, 981-7000

4.      Contract: City of Piedmont Animal Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the City of Piedmont for the Berkeley Animal Shelter to provide animal care services for the City of Piedmont in an amount not to exceed $17,505 to be paid by the City of Piedmont in FY 2006.

Financial Implications: General Fund - $17,505 revenue

Contact: Jim Hynes, City Manager's Office, 981-7000

5.      Veterans Memorial Building - Operating Costs

From: City Manager

Recommendation: Submit to the mid-year budget review process proposed funding options for FY 2006 and FY 2007 for unbudgeted operating costs associated with keeping the Veterans Memorial Building (VMB) open year round.

Financial Implications: General Fund and Building Maintenance Fund - $98,923

Contact: Phil Kamlarz, City Manager, 981-7000

6.      Grant: Youth Focused Bicycle and Pedestrian Injury Prevention Program

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the California Office of Traffic Safety for funds in the amount of $406,621 in FY 2006 to develop a youth focused bicycle and pedestrian injury prevention program and outreach to youth and families; and 2) accept the grant and execute any resultant revenue agreements and amendments; and 3) authorizing the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Grant Revenue - $406,621

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

7.      Additional Funding for the McKinley House Rehabilitation

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the development loan agreement with Building Opportunities for Self-Sufficiency (BOSS) for renovation of McKinley House at 2111 McKinley Avenue, increasing the amount by $40,000 for a total amount not to exceed $230,000.

Financial Implications: Housing Trust Fund - $40,000

Contact: Stephen Barton, Housing, 981-5400

8.      Use of Veterans Memorial Building: Men’s Shelter and Multi-Agency Service Center

From: City Manager

Recommendation: Adopt first reading of an Ordinance: 1) making findings and declarations of a continuing homeless shelter crisis; 2) authorizing continuation of use of the Veterans Memorial Building basement by the Men’s Overnight Assistance Center (the Men’s Shelter) and Multi-Agency Service Center (MASC); and 3) suspending applicable local laws which might otherwise regulate, apply to or govern the continued operation of the Men’s Shelter and the MASC.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5402

9.      Contract: Plan Checking Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to contracts with Linhart Peterson Powers Associates Telesis Engineers for plan checking services to increase each contract amount by $120,000 for a total amount not to exceed $240,000 for each contract.

Financial Implications: Permit Service Center Fund - $240,000

Contact: Dan Marks, Planning and Development, 981-7400

10.  Appointment of Adolf Moody to Berkeley Housing Authority (PDF, 262 KB)

From: Mayor Bates

Recommendation: Confirm the Mayor’s appointment of Adolf Moody to the vacant Tenant Commissioner position on the Berkeley Housing Authority (BHA).

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

11.  Analysis of the Security of the Kinder Morgan Energy Partners Pipeline in West Berkeley (PDF, 13 KB)

From: Councilmember Maio

Recommendation: Request that the City Manager inquire of Kinder Morgan Energy Partners (KMEP) specifically what they have done and what they intend to do to ensure their pipelines’ integrity in West Berkeley

Financial Implications: Staff time.

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

12.  Presentation: Technologies and Arts for Disabled Children and Adults (PDF, 6 KB)

From: Councilmember Spring 

Recommendation:  Schedule up to 20 minutes at a Council meeting in late October or November 2005 for a presentation by Dmitri Belsher, Executive Director of the Center for Accessible Technology, on technology and art for disabled children and adults.

Financial Implications: None.

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

13.  News Rack Regulations (PDF, 27 KB)

From: Councilmember Worthington

Recommendation:  Request that the City Manager review City ordinances, interpretations, and operations in regards to News Rack regulation, and, as one part of this review, authorize up to four interested City Council members to invite persons responsible for distribution of newspapers to identify problem areas, including but not limited to the disappearance of news racks without notification to the newspapers, possibly eliminating the part of the City ordinance that allows City removal of news racks with zero notice, and making sure that the City is not creating impediments to fair placement for all publications.

Financial Implications: Staff time.

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

14.  Proclamation: Mario and Rosalinda Tejada Day (PDF, 23 KB)

From: Councilmember Worthington

Recommendation:  Approve a proclamation for Mario and Rosalinda Tejada Day on October 10th in Berkeley in honor of their continued community service to the City.

Financial Implications: None.

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

15.  Support ASUC Safety Week (PDF, 22 KB)

From: Councilmember Worthington

Recommendation:  Support Safety Week, organized by the Associated Students of the University of California in October.

Financial Implications: None.

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

16.  Homeless People With Vehicle Impoundments (CF 22-05)

a.      From: Homeless Commission (PDF, 23 KB)

Recommendation: Adopt a Resolution committing Council to establishing permanent housing for the homeless as its first priority; allocating funding for solutions to homelessness; and, making efforts to address the loss of a vehicle, through no-cost strategies including: 1) establishing a legal place for homeless people to park; 2) waiving time limits for working off fines through community service; and 3) establishing a mechanism to prevent compounding of unpaid fines.

Financial Implications: None

Contact: Jane Micallef, Secretary, 981-5426

b.      From: City Manager

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

Contact: Stephen Barton, Housing, 981-5400


Action Calendar - Appeals

17.  2750 Adeline Street - Appeal ZAB Decision Use Permit #03-7000006

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #03-70000064, to eliminate a live/work unit, add a fourth-floor and construct up to two-dwelling units, and dismissing the appeal.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

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 – Public Hearing

18.  Amendments to the General Plan Housing Element Appendix Per Council Resolution No. 61,955-N.S.

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution amending the General Plan Housing Element Appendix as recommended by the Planning Commission.

Financial Implications: Minor administrative costs.

Contact: Dan Marks, Planning and Development, 981-7400


Action Calendar – New Business

19.  Downtown Area Plan Work Program and Public Participation Process

From: City Manager

Recommendation: Adopt the proposed Downtown Area Plan work program and a public participation program from the range of options provided or another alternative.

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400


Information Reports

20.  Transfer Station Cash Receipts/Cash Handling Audit Status Report

From: City Manager

Contact: Fran David, Finance, 981-7300
 

Communications

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

 

Adjournment