Action: Moved, seconded, carried
(Maio/Moore) to adopt Consent Calendar in one motion except as indicated:
1.
Lease Agreement:
1769 Alcatraz Avenue (PDF, 362 KB) (First Reading September 20, 2005 –
Unanimous)
From: City Manager
Recommendation: Adopt second 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 Ordinance No.
6,877–N.S. (PDF, 123 KB) Effective
October 27, 2005.
2.
Amendment to the Condominium Conversion Ordinance (PDF, 33 KB) (First Reading as amended
September 20, 2005; Noes – Worthington)
From: City Manager
Recommendation: Adopt second reading of an 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: Adopted Ordinance No.
6,878–N.S. (PDF, 1 MB) (Noes – Worthington). Effective October 27, 2005.
3.
Needle Exchange (PDF, 22 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: Sara T. Cox, City
Clerk, 981-6900
Action: Adopted Resolution No. 63,062–N.S.
(PDF, 102 KB)
4.
Veterans Memorial Building - Operating Costs (PDF, 25
KB)
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
Action: Moved to Action by Councilmember
Worthington. Moved, seconded, carried
(Maio/Capitelli) as amended by Councilmembers Worthington and Maio to refer to
the City Manager to bring a recommendation back to Council that incorporates
historical obligations and allows ongoing free use of the single room office
and shared use of the first floor conference room.
5.
Grant Youth Focused Bicycle and Pedestrian Injury Prevention
Program (PDF, 27 KB) (To be delivered)
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
Action: Adopted Resolution No. 63,063–N.S.
(PDF, 104 KB)
6.
Additional Funding
for the McKinley House Rehabilitation (PDF, 26 KB)
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 it by $40,000 for an
amount not to exceed $230,000.
Financial
Implications: Housing Trust Fund - $40,000
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 63,064–N.S.
(PDF, 86 KB)
7.
Use of Veterans Memorial Building: Men’s Shelter and Multi-Agency
Service Center (PDF, 37 KB)
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
Action: Moved to Action by Councilmember
Worthington. Adopted first reading of Ordinance. Second reading scheduled for October
18, 2005.
8.
Contract: Plan
Checking Services (PDF, 32 KB)
From: City Manager
Recommendation: Adopt a
Resolution authorizing the City Manager to execute an amendment to contracts
with Linhart Peterson Powers Associates and 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
Action: Adopted Resolution No. 63,065–N.S.
(PDF, 144 KB)
9.
Appointment of Adolf
Moody to Berkeley Housing Authority
(PDF, 236 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) and appoint Mr.
Moody to a two-year term commencing on September 27, 2005 and ending on
September 27, 2007.
Financial Implications: None.
Contact: Tom Bates, Mayor,
981-7100
Action: Adopted Resolution No. 63,066–N.S.
(PDF, 69 KB)
10.
Analysis of the
Security of the Kinder Morgan Energy Partners Pipeline in West Berkeley
(PDF, 8 KB)
From: Councilmember Maio and Moore
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 and Darryl Moore, Councilmember
District 2, 981-7120
Action: Approved recommendation.
11.
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
Action: Approved recommendation.
12.
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
Action: Approved proclamation.
13.
Support ASUC Safety Week (PDF, 23 KB)
From: Councilmember Worthington
Recommendation: Support ASUC Safety Week,
to be held from October 10-14, 2005.
Financial Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170.
Action: Approved recommendation.
14.
Support Marriage Equality (AB 897) and Oppose Two Anti-Gay
Groups’ Initiatives to Ban Marriage Equality and Domestic Partnerships (PDF, 25 KB)
From: Councilmember Worthington
Recommendation: Send a letter to the Governor to not veto Marriage Equality (AB 849) and
to strongly oppose two anti-gay groups’ proposed initiatives to ban marriage
equality and domestic partnerships, and ask him to work to defeat these
immoderate measures just like Ronald Reagan did in coming out publicly and
strongly against the anti-gay Briggs initiative in the 1970’s.
Financial Implications: None.
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
Action: Approved recommendation as amended to
include Councilmembers Worthington and Moore as co-sponsors.
15.
Homeless People With Vehicle Impoundments (PDF, 24
KB) (CF
22-05)
a. From:
Homeless Commission
Recommendation: Adopt a Resolution
committing Council to establishing permanent housing for the homeless as its
first priority; allocating funding for solutions to homelessness; and
addressing 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 the performance of 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: Refer Commission
recommendations to the work session on anti-poverty and homeless programs
currently scheduled for November 29, 2005.
Contact:
Stephen Barton, Housing, 981-5400
Action: Moved to Action
by Councilmember Wozniak. Moved,
seconded, carried (Wozniak/ Worthington) to approve City Manager’s
recommendation to refer the Commission recommendations to the November 29, 2005
work session on anti-poverty and homeless programs.
Action
Calendar – Old Business
17.
Support Proposition 80 Ballot Measure in the Special Election
(PDF, 35 KB) (Held over
from September 20, 2005)
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: Moved to Consent by Councilmember
Worthington. Adopted Resolution No.
63,068–N.S.
(PDF, 50 KB) (Abstain – Spring, Capitelli, Wozniak).
18.
Revisions of the Elmwood Business District Quotas
(PDF, 30 KB) (Held
over from September 20, 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: Before adoption Councilmember Wozniak
amended his recommendation to state, “There are many merchants and neighbors
who feel that the quotas should be updated to reflect present business
reality...”
Moved, seconded,
carried (Wozniak/Worthington) to approve the recommendation from Mayor Bates in
a memorandum dated September 27, 2005, to: 1) refer recommendations presented
by Councilmembers Wozniak and Worthington at the September 27, 2005 meeting to
the Planning Commission, without preference and that the two items be added to
the Council’s existing referral on quota reviews with the request that the
Elmwood review be prioritized; and, 2) request the City Manager return to the
Council with ideas on how to add a review of the Elmwood quotas to the Planning
Commission workplan this year or next.
Action
Calendar – New Business
19.
Downtown Area Plan
Work Program and Public Participation Process
a. From: City Manager
(PDF, 42 KB)
Recommendation: Adopt a Resolution appointing a Downtown Area Plan Advisory Committee.
Financial Implications: See report
Contact: Dan Marks, Planning
and Development, 981-7400
b. From:
Transportation Commission (PDF, 25 KB) (Held over from September 20, 2005)
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
c. From:
City Manager (PDF, 22 KB) (Held
over from September 20, 2005)
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 (Wozniak/Maio; Noes – Anderson, Spring, Worthington) a substitute
motion to adopt Resolution No. 63,069–N.S.
(PDF, 1 MB) as amended in the Mayor’s
recommendation, presented at the September 27, 2005 meeting, appointing a
Downtown Plan Advisory Committee comprised of two appointments per
Councilmember and a three-member subcommittee of the Planning Commission as
amended by Councilmember Capitelli to “hold joint workshops with
commissions.”
Moved, seconded (Spring/Anderson) a main motion to refer
back to the Planning Commission for analysis and public input using the hotel
task force model and report back to Council with recommendations.
20.
Disappearing Newsracks and the Constitutionality and
Practicality of the Interpretation and Implementation of Newsrack Regulations (PDF, 27 KB)
From: Councilmember Worthington
Recommendation: Refer to the City Manager to
review city ordinances, interpretations, and operations in regards to Newsrack
regulation. As one part of this review, to invite persons responsible for distribution
of newspapers to identify problem areas, including but not limited to the
disappearance of newsracks without notification to the newspapers, possibly
eliminating the part of the City ordinance that allows City removal of
newsracks 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
Action: Held over to October 18, 2005 by
Councilmember Worthington.
