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summary
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
Roll Call: 7:07
p.m. All present.
City Manager Comments:
The City Manager introduced the
new Acting Public Works Director, Claudette Ford.
The City is celebrating the U.N
International Day of Peace from 4:00 to 6:00 p.m. on September 21 at Civic
Center Park. There will be a
flag-making ceremony for kids and a rally for adults from 6:00 to 7:00 p.m.
The City created a resource
center for Hurricane Katrina victims and is coordinating with FEMA. Nineteen people have been served.
Ceremonial Matters:
1.
Proclamation presented to the Hurricane Katrina
Resource and Information Center encouraging community members to join in the
special hurricane relief fundraising dinner and auction to be held at Hs.
Lordships restaurant in the Marina on Sunday, September 25 from 5:00 p.m. to
9:00 p.m.
2.
Proclamation presented to City Attorney Manuela
Albuquerque applauding and congratulating her for being named California Public
Lawyer of the Year 2005 in recognition of a lifetime devoted to social justice,
ethics, fairness, knowledge, equality, and public service.
Public Comment: Eight
speakers.
Action: Moved, seconded, carried
(Worthington/Moore) to adopt Consent Calendar in one motion except as
indicated:
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
Action: Adopted Ordinance No. 6,876–N.S.
(PDF, 123 KB) (Abstain – Capitelli; Noes – Olds and Wozniak). Effective October 20, 2005.
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
Action: Adopted Resolution No. 63,059–N.S.
(PDF, 82 KB)
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
Action: Adopted first reading of Ordinance. Second
reading scheduled for September 27, 2005.
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
Action: Adopted Resolution No. 63,060–N.S.
(PDF, 79 KB)
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
Action: Withdrawn by City Manager.
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
Action: Held over to September 27 by
Councilmember Spring.
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: Removed from
Consent by Councilmember Olds. Moved, seconded carried (Worthington/Maio; Noes
–Capitelli) to approve recommendation as amended by Councilmember Worthington
to remove Gilman Street as a feasible site.
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
Action: Withdrawn by City Manager.
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
Action: Withdrawn by
Councilmember Maio.
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: Held over to
September 27 by Councilmember Wozniak.
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
Action: Moved, seconded, carried (Moore/Capitelli;
Noes - Worthington) to: 1) adopt first reading of Ordinance as amended to
remove all strikeout, changes and additions and change BMC Section 21.28.060A
to extend the October 26, 2005 expiration date on the cap on affordable housing
mitigation fees to January 31, 2006; 2) direct staff to return with a report on
October 18, 2005 regarding immediately required changes; and, 3) set a workshop
to address remaining issues.
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
Action: Moved, seconded, carried (Worthington/Olds)
to adopt Resolution No. 63,061–N.S.
(PDF, 97 KB) as amended by Councilmember Worthington to
appoint Jesse Arreguin, Marie Bowman, and Andrew Murray of the Housing Advisory
Commission ad hoc subcommittee on Density Bonus and Inclusionary Housing to the
Joint Density Bonus Subcommittee,
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
Action: Moved, seconded,
carried (Spring/Worthington) to hold over to September 27, 2005.
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 (Anderson/Spring)
2. Sierra
Club, submitted by Andy Katz, Chair (Anderson/Spring)
Multifamily Housing (MHP)
Student Housing Program Funding
3. University
Students’ Cooperative Association, submitted by Johnny George, USCA President,
and George O. Proper, General Manager (Worthington)
Toxic Spill in Strawberry Creek
4. Juliet
Lamont (Moore/Worthington/Spring)
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
Item 10:
Revisions of the Elmwood Business District Quotas
9. Kimberly
Tinawi, The Elmwood Market
10. Tad Laird,
Bolfings Elmwood Hardwood
Item 11:
Amendment to the Condominium Conversion Ordinance
11. Revised report,
submitted by Housing Department (PDF, 3 MB)
12. Howard Chong,
Berkeley Rent Stabilization Board
13. Quinton Daniels
Item
1: Abrogating Common Law Doctrine of Incompatible Public Offices with Respect
to Membership on Two or More City Boards or Commissions
14. Margaret Pillow
15. Bill Haskell
16. Elizabeth Stevick
17. Jerome Taylor
Item 11:
Amendment to the Condominium Conversion Ordinance - Supplement
File (PDF, 63 KB)
18. Proposed amendment
to Ordinance, submitted by Councilmembers Capitelli, Olds, and Wozniak
19. TIC/Condominium
Conversion Comparison, submitted by Councilmember Capitelli
