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Regular
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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:
*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format. |
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summary
BERKELEY CITY COUNCIL MEETING
Tuesday, January 30, 2007
7:00 P.M.
Council Chambers, 2134 Martin
Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
Preliminary Matters
Roll Call: 7:20 p.m. All present.
Ceremonial Matters:
Proclamation designating February 7, 2007 as National Black HIV/AIDS Awareness Day.
Public Comment – Consent Calendar Items: 3
Consent Calendar
Action: Moved/Seconded/Carried (Olds/Capitelli) adopted the Consent Calendar in one motion with the exception of Items 19 and 22, which were removed for discussion, and Items 28 and 29 were moved to the Consent Calendar.
1. Repealing BMC Section 6.36.010 Regulating People's Park (PDF, 9 KB) (First reading – January 16, 2007 - Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance repealing Berkeley Municipal Code (BMC) Section 6.36.010 regulating People's Park and amending BMC Section 6.36.020.
Financial Implications: None
Contact: Manuela Albuquerque, City Attorney, 981-6950
Action: Adopted Ordinance No. 6,964-N.S. (PDF, 46 KB) (Noes: Anderson/Spring). Effective March 1, 2007.
2. Oxford Plaza and David Brower Center Project - Amendments to the Disposition and Development Agreement (PDF, 18 MB) (First reading – January 16, 2007 - Noes: Olds)
From: City Manager
Recommendation: Adopt second reading of an Ordinance 1) authorizing the City Manager to execute an Amendment to the Disposition and Development Agreement, and all other necessary documents to sell certain real property generally located on Oxford Street between Kittredge and Allston Way and 2) authorizing the City Manager to make any necessary modifications to the Reciprocal Easement Agreement concerning the sale.
Financial Implications: See report
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted Ordinance No. 6,965–N.S. (PDF, 17.5 MB) (Noes: Olds). Effective March 1, 2007.
3. Minutes for Approval (PDF, 136 KB)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of December 5, 2006 (regular), December 11, 2006 (special closed) and December 12, 2006 (regular).
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
Action: Approved minutes as submitted.
4. Revised 2007 City Council Meeting Schedule (PDF, 79 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution 63,501–N.S. to revise the City Council regular meeting schedule for 2007.
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
Action: Adopted Resolution No. 63,559–N.S (PDF, 439 KB) (as amended l/30/07).
5. Formal Bid Solicitations and Request for Proposals (PDF, 75 KB)
From: City Manager
Recommendation: Approve the attached request for proposals (RFP) that will be, or is planned to be, issued upon final approval by the requesting department or division.
Financial Implications: Various Funds - $263,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.
6. Contract: Albany Unified School District (PDF, 69 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue agreement and any amendments with the Albany Unified School District for the provision of school-based clinical mental health services in the amount of $60,000, and authorizing the implementation of the project and appropriation of funding for related expenses.
Financial Implications: Revenue - $60,000
Contact: Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Resolution No. 63,560–N.S. (PDF, 46 KB)
7. Contract: Legal Advisory Services (PDF, 69 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Goldfarb and Lipman LLP for legal advisory services, increasing the contract amount by $100,000 for a new contract amount not to exceed $319,950 and expiring when services are no longer required by the City.
Financial Implications: Capitol Improvement Fund - $100,000
Contact: Stephen Barton, Housing, 981-5400
Action: Adopted Resolution No. 63,561–N.S. PDF, 52 KB)
8. License Agreement: Laundry Machines at "A" Dock in the Marina (PDF, 5 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with the WEB Services Company, Inc. for installation and maintenance of laundry machines in the restroom building at “A” dock in the Marina.
Financial Implications: $1,200 over five years.
Contact: Marc Seleznow, Parks, Recreation & Waterfront
Action: Adopted Resolution No. 63,562–N.S. (PDF, 2 KB)
9. Contract: Closed Captioning Services - Zoning Adjustment Board Meetings (PDF, 68 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Theresa Darrenougue to perform Closed Captioning Services for the Zoning Adjustment Board Meetings, increasing the contract amount by $25,000 for a total not to exceed $45,000 and extending the term from June 30, 2007 to June 30, 2008.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted Resolution No. 63,563–N.S. (PDF, 44 KB)
10. Lease: 2118 Milvia Street (PDF, 75 KB)
From: City Manager
Recommendation: 1. Adopt first reading of an Ordinance authorizing the City Manager to execute a lease amendment with N.E.W. Milvia Property, LLC, the successor in interest to NORA E. WAGNER, TRUSTEE UTD for real property located at 2118 Milvia Street for the purpose of leasing office space for the Planning and Development Department for the period September 1, 2006 and continuing through August 31, 2011.
2. Authorize the City Manager to execute a full and final release and settlement agreement (attachment 2) for resolution of claims of back undercharged rent. The City Attorney has prepared a separate confidential memorandum to City Council analyzing and making recommendations in this regard.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Moved to read by title only, waived further reading and introduced first reading of Ordinance 6,966–N.S. (Abstain: Spring). Second reading scheduled for February 13, 2007.
11. Contract: Police Department Towing Services (PDF, 69 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $30,000.00 in totality, with the following towing service providers; Avenue Towing, Berry Brothers Towing, East Bay Tow and Recovery, and Husteads Inc., to provide necessary towing services as required by the City of Berkeley Police Department for a period of one year. The contract is to start February 1, 2007 and end January 31, 2008. This contract has the option to renew annually for up to four additional years.
Financial Implications: General Fund - $30,000
Contact: Douglas Hambleton, Chief of Police, 981-5700
Action: Adopted Resolution No. 63,564–N.S. (PDF, 45 KB)
12. Contract: Special Counsel and Legal Services (PDF, 71 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract for special counsel and legal services with the law firm Goldfarb & Lipman, increasing the amount of the contract by $23,000 for a total not to exceed $71,499.
Financial Implications: Metropolitan Transportation Commission - $23,000
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No.63,565–N.S. (PDF, 50 KB)
13. Contract: Hills Fire Station Construction (PDF, 20 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Alten Construction for the Hills Fire Station, increasing the current contract by $87,990 for a total amount not to exceed $3,804,270 and extending the term to March 31, 2007.
Financial Implications: Measure G Fund - $87,990
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No.63,566–N.S. (PDF, 52 KB)
14. Contract: Transit Benefits Administrator (PDF, 72 KB)
From: City Manager
Recommendation: Adopt a Resolution rescinding Resolution No. 63,390–N.S., and authorizing the City Manager to amend the contract with Employee Benefits Specialists, Inc. (No. 6855A) to administer the pre-tax commute benefit program for City employees, increasing the total not to exceed amount to $137,515 for the period January 1, 2007 through December 31, 2010.
Financial Implications: Payroll Deduction Trust Fund - $137,515
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 63,567–N.S. (PDf, 68 KB)
15. Final Map of Tract 7774 - 2020 Kittredge Street (PDF, 19 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 7774, a 186-unit residential and commercial condominium located at 2020 Kittredge Street, Berkeley, California.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted Resolution No. 63,568–N.S. (PDF, 35 KB)
16. Measure G Greenhouse Gas Emission Reduction Initiative Implementation (PDF, 112 KB)
From: Mayor Bates
Recommendation: That the City Council 1.) authorize the City to enter into an agreement with Sustainable Berkeley to assist in the development of the Measure G Greenhouse Gas Reduction Initiative; 2.) authorize the City and Sustainable Berkeley to apply for grants to fund the development of the reduction plan and associated pilot projects; and 3.) refer to the mid-year budget and next fiscal year budget allocations of up to a combined $100,000 to fund the development of the emissions reduction plan as directed by the voters.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100
Action: Approved recommendation (Abstain: Spring).
17. One-Time Budget Referral for "How Berkeley..." 2006 Extraordinary Expenditures (PDF, 21 KB)
From: Councilmember Maio, Moore and Spring
Recommendation: That the City Council refer to the mid-year budget process $3,457 in unexpected expenditures in 2006 for the "How Berkeley Can You Be?" event.
Financial Implications: General Fund - $3,457
Contact: Linda Maio, Councilmember, District 1, 981-7110; Darryl Moore, Councilmember, District 2, 981-7120; Dona Spring, Councilmember, District 4, 981-7140
Action: Approved recommendation.
18. Designate February 7, 2007 as National Black HIV/AIDS Awareness Day (PDF, 104 KB)
From: Councilmembers Moore, Anderson, and Worthington
Recommendation: Adopt a Resolution designating February 7, 2007 as National Black HIV/AIDS Awareness Day in the City of Berkeley.
Financial Implications: None.
Contact: Darryl Moore, Councilmember, District 2, 981-7120; Max Anderson, Councilmember, District 3, 981-7130; Kriss Worthington, Councilmember, District 7, 981-7170
Action: Adopted Resolution No. 63,569–N.S (PDF, 61 KB) (as revised at the meeting).
19. Alternatives to Giving BHS Students Citations for Sitting on 2180 Building Ledge (PDF, 1 MB)
From: Councilmember Spring
Recommendation: Refer to the City Manager Berkeley Municipal Code section 13.36.065 violating city building security with the request that 1) he return to the council with information on what the penalty is for this infraction including the county charges with options for lowering the penalty to not exceed $50 including county charges for this particular infraction; and 2) that the Council refer to the Parks and Recreation Commission and the Landmarks Commission this request for park benches to the installed at the south side of 2180 Milvia Street.
Financial Implications: See report.
Contact: Dona Spring, Councilmember, District 4, 981-7140
Action: Moved/Seconded (Spring/Olds) approved recommendation (Noes: Worthington).
20. Joining the National Pro-Choice City Campaign (PDF, 16 KB)
From: Councilmembers Olds and Moore
Recommendation: That the City Council pass a resolution defining and affirming Berkeley’s status as a Pro-Choice City and that the City of Berkley officially join the Pro-Choice City Campaign.
Financial Implications: None
Contact: Betty Olds, Councilmember, District 6, 981-7160; Darryl Moore, Councilmember, District 2, 981-7120
Action: Adopted Resolution No. 63,570–N.S. (PDF, 65 KB)
21. Opposition to President Bush’s Escalation of Troops for the War in Iraq (PDF, 30 KB)
From: Councilmember Worthington
Recommendation: Adopt a resolution opposing the decision by President Bush to escalate the conflict in Iraq by sending additional American troops to Iraq and urging members of the US Senate and House of Representatives to declare their formal opposition to troop escalation.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Removed from Consent for discussion and continued to February 13, 2007.
22. Resolution to Eliminate Racial Discrimination (PDF, 45 KB)
From: Councilmember Worthington
Recommendation: Adopt a resolution in support of enforcement of the Convention on Elimination of all forms of Racial Discrimination (CERD) and refer to the City Manager the polling and reporting of the City’s progress in eliminating racial discrimination.
Financial Implications: Relatively small.
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Removed from Consent for discussion, referred to the City Manager for report/recommendation and continued to February 27, 2007.
23. Appointment to the Mental Health Commission (PDF, 77 KB)
From: Mental Health Commission
Recommendation: Adopt a Resolution appointing Regina Simpkins to the Mental Health Commission, as a representative of the General Public Interest Category, for a three-year term beginning January 31, 2007 and ending January 30, 2010.
Financial Implications: None.
Contact: Carol Patterson, Commission Secretary, 981-5217
Action: Adopted Resolution No. 63,571–N.S. (PDF, 46 KB)
Public Comment – Issues not on the Agenda: 8