Regular Meeting eAgenda
February 13
, 2007

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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: 

  • 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, February 13, 2007

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 Pamyla Means, 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.

Council Action:  The City Council may take action related to any subject listed on the Agenda.

Public Comment on Consent Calendar Items Only
 

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.      BAPAC Alcohol Regulations – Mandatory Responsible Beverage Server Training (PDF, 16 KB) (First reading – January 30, 2007 - Noes – Worthington; Abstain – Maio)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,967–N.S adding a new Chapter 9.84 to the Berkeley Municipal Code (Responsible beverage Server Training).

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

2.      BAPAC Alcohol Regulations – Social Host (PDF, 15 KB) (First reading – January 30, 2007 - Unanimous)

From: City Manager

Recommendation:  Adopt second reading of Ordinance 6,968–N.S adding new Chapter 13.49 to the Berkeley Municipal Code (Social Host).

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

3.      Lease: 2118 Milvia Street (PDF, 28 KB) (First reading – January 30, 2007- Abstain - Spring)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,966-N.S. 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.

Financial Implications: See report

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

4.      Zoning Ordinance Amendments  - Design Review Committee Membership (PDF, 11 KB) (First reading – January 30, 2007 - Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance 6,969-N.S. amending Berkeley Municipal Code (BMC) Section 23B.08.010 to no longer require one of the two Zoning Adjustments Board members appointed to the Design Review Committee fill the position of DRC chair and add a definition of "layperson."

Financial Implications: None

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

5.      Nam Im Kim v. City of Berkeley Settlement (PDF, 66 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG06 215145 entitled Kim v. COB.

Financial Implications: Public Liability Fund - $24,000

Contact: Manuela Albuquerque, City Attorney, 981-6950

6.      BAPAC Proposals—Follow-up Report on Second Response Ordinance Amendments (PDF, 40 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Sections 13.48.030, 13.48.040 and 13.48.050 of the Berkeley Municipal Code (Second Response Ordinance; Attachment 1-A.)

Financial Implications: See report.

Contact: Manuela Albuquerque, City Attorney, 981-6950

7.      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 - $871,036

Contact: Robert Hicks, Finance, 981-7300

8.      Lease: 3282 Adeline Street (PDF, 126 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a three-year lease agreement and any amendments with Mansour Taeed for real property located at 3282 Adeline Street for the purpose of leasing office space for the Family, Youth and Children's Program for the period March 15, 2007 through March 14, 2010 with an option to extend for an additional five-year period.

Financial Implications: Health (Short/Doyle) Fund - $121,303

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

9.      Contract: Berkeley Emergency Storm Shelter (PDF, 70 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment of the existing contract (Contract Number 6689A) with Dorothy Day House to augment funding for the Berkeley Emergency Storm Shelter, increasing the contract amount by $6,375 for a total not to exceed $105,228 for the period July 1, 2005 through June 30, 2007.

Financial Implications: General Fund - $6,375

Contact: Stephen Barton, Housing, 981-5400

10.  Contract: Low Income Energy Services (PDF, 82 KB)

From: City Manager

Recommendation: Adopt a Resolution 1) authorizing the City Manager to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $191,266 for the period January 1, 2007 through December 31, 2007; 2) approving the program priority plans and 3) authorizing the City Manager to designate a  representative to sign required fiscal and programmatic reports.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

11.  Camp Classifications (PDF, 1 MB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,812-N.S., Classification and Salary Resolution for Unit X1 - Unrepresented Support Classifications, to establish new camp classifications with deep salary ranges and to abolish the current camps classifications effective February 25, 2007.

Financial Implications: None

Contact: David W. Hodgkins, Human Resources, 981-6800

12.  Insurance Policy with Cigna Group Insurance for Employee Basic and Supplemental Life Insurance (PDF, 72 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments for life insurance with Cigna Group Insurance to provide basic and supplemental life insurance for the period of January 1, 2007 through December 31, 2008.

Financial Implications: See report

Contact: David W. Hodgkins, Human Resources, 981-6800

13.  Salary Range Increase:  Deputy Director of Planning (PDF, 44 KB)

From: City Manager

Recommendation: Adopt a Resolution to amend Resolution No. 61,812-N.S., Classification and Salary Resolution of Executive and Confidential Management Classifications Z1, to adjust the salary range for the Deputy Director of Planning by 10.6% effective February 25, 2007.

Financial Implications: See report

Contact: David W. Hodgkins, Human Resources, 981-6800

14.  Contract: East Touchdown Plaza Aquatic Park Planning and Design Services (PDF, 22 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Design, Community & Environment (DC&E) to complete the planning and design services and prepare construction bid documents for the East Touchdown Plaza in Aquatic Park in an amount not to exceed $148,641 which includes a ten percent contingency for the period of February 15, 2007 through June 30, 2008.

Financial Implications: SHOPP TEA Grant Funds - $148,641

Contact: Marc Seleznow, Parks, Recreation and Waterfront

15.  Contract: Plan Checking Services (PDF, 74 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments thereto including total amounts with BureauVeritas and Telesis Engineers to provide plan checking services, in an amount not to exceed $280,000 for each contractor for the period of March 1, 2007, through June 30, 2009.

Financial Implications: Permit Service Center Fund - $560,000

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

16.  Contract: TMD Data Automation Software and Support (PDF, 69 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Decade Software Company, LLC to provide data automation services and support for Toxics Management Division (TMD) for the period March 1, 2007 through February 28, 2009 in an amount not to exceed $70,000.

Financial Implications: See report.

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

17.  Off-Label Use of the Drug Cytotec

a. Information Report from City Manager (PDF, 78 KB)

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

b. From Councilmembers Maio and Anderson (PDF, 22 KB)

Recommendation: That the City Manager send the attached letter from the City’s Health Officer on the off-label use of the drug, Cytotec, supporting the policy and implementation of informed-consent procedures to Alta Bates.

Financial Implications: None.

Contact: Linda Maio, Councilmember, District 1, 981-7110; Max Anderson, Councilmember, District 3, 981-7130

18.  Repairs to the Step Van for Needle Exchange Emergency Distribution (PDF, 28 KB)

From: Councilmember Moore and Councilmember Worthington

Recommendation: That the Berkeley City Council refer the following to the budget process:  A request for $8,000 to be used to do basic repairs/maintenance to the Needle Exchange Emergency Distribution’s (NEED) step van in order to keep it functional.

Financial Implications: General Fund - $8,000

Contact: Darryl Moore, Councilmember, District 2, 981-7120; Kriss Worthington,Councilmember, District 7, 981-7170

19.  Restore Hetch Hetchy Valley in Yosemite National Park (PDF, 20 KB)

From: Councilmember Anderson

Recommendation: The Berkeley City Council support restoring the Hetch Hetchy Valley in Yosemite National Park.

Financial Implications: See report.

Contact: Max Anderson, Councilmember, District 3, 981-7130

20.  Funding To Continue CERT Program (PDF, 12 KB)

From: Councilmember Spring

Recommendation: That the Council request the City Manager to work with the Fire Chief to find departmental or other funding for the continuation of the Community Emergency Response Training and that the City Manager returned to Council within two months with recommendations.

Financial Implications: See report.

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

21.  Designation of February 28, 2007 as "Ardella Carter Day" (PDF, 8 KB)

From: Councilmember Spring

Recommendation: The Council adopt a resolution proclaiming February 28, 2007 Ardella Carter Day in recognition of Ardella's 100th birthday.

Financial Implications: None.

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

22.  Proclamation for Cazadero Performing Arts Camp (PDF, 30 KB)

From: Councilmember Capitelli

Recommendation: Request that the City Council adopt the following resolution, and at their February 27, 2007 meeting, present it on behalf of the City Council as a formal proclamation to a representative from Cazadero Performing Arts Camp.

Financial Implications: None.

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

23.  Budget Surplus Allocation for Berkeley Path Wanderers Association (PDF, 9 KB)

From: Councilmember Olds

Recommendation: That the City Council pass a resolution to approve a grant of $1,000 to be funded from Councilmember Olds' surplus non-personnel budget to the Berkeley Path Wanderers Association to help fund the reconstruction of paths in Berkeley.

Financial Implications: Councilmember Olds' FY2007 Office Budget - $1,000

Contact: Betty Olds, Councilmember, District 6, 981-7160

24.  Berkeley World Music Weekend (PDF, 28 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council refer to the mid-year budget process, funding for the Berkeley World Music Weekend.

Financial Implications: General Fund - $5,500

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

25.  Filling A Vacancy Among the Elected Representatives of the Poor (PDF, 69 KB)

From: Human Welfare and Community Action Commission

Recommendation: Adopt a Resolution confirming the appointment of Ms. Rosie Kreidler (District 2) as elected representative of the poor on the Human Welfare Community Action Commission (HWCAC), having been selected by the remaining elected representatives of the poor at the HWCAC December 13, 2006 Special meeting.

Financial Implications: None.

Contact: Angellique De Coud, Commission Secretary, 981-5428

  

Public Comment – Items Not Listed on the Agenda

Action Calendar – Old Business

26.  Opposition to President Bush’s Escalation of Troops for the War in Iraq

a. From: Councilmember Worthington (PDF, 30 KB) (held over from January 30, 2007)

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

b. From: Peace and Justice Commission (PDF, 1 MB) (February 13, 2007)

Recommendation: Adopt a Resolution reiterating the City Council’s previous opposition to the War in Iraq, and declaring Council’s opposition to President George Bush’s plans to escalate and possibly widen the War in Iraq by calling on all members of the California Bay Area Congressional Delegation to lend their co-sponsorship and support to H.R. 413, H.J. Res. 14, H.R. 508, and S. 448.

Financial Implications: None

Contact: Manuel Hector, Jr., Commission Secretary, 981-5110

Continued – Budget Worksession

27.  FY 2007 Second Quarter Budget Update Workshop (PDF, 90 KB) (To Be Delivered) (For Action at February 27, 2007 Regular Meeting)

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

Action Calendar – New Business

28.  Referendum Petition - Landmarks Preservation Ordinance 6,958-N.S. (PDF, 113 KB)

From: City Manager

Recommendation: Acknowledge that the referendum petition against Landmarks Preservation Ordinance 6,958-N.S. contains the requisite number of valid signatures and provide direction to staff to either:  (1) Repeal Landmarks Preservation Ordinance 6,958-N.S., or  (2) Submit the ordinance to the voters of the City of Berkeley at a special election or at the next regularly scheduled municipal election in November 2008.

Financial Implications: See report

Contact: Pamyla Means, City Clerk, 981-6900

Information Reports

29.  Unrepresented Temporary Employees (PDF, 67 KB)

From: City Manager

Contact: David W. Hodgkins, Human Resources, 981-6800

30.  Business License Tax Program Audit Report FY2006 (PDF, 106 KB)

From: Auditor

Contact: Ann-Marie Hogan, City Auditor, 981-6750

31.  City Auditor's Annual Report for FY 2006 (PDF, 178 KB)

From: Auditor

Contact: Ann-Marie Hogan, City Auditor, 981-6750

32.  Peer Review of City of Berkeley Auditor's Office (PDF, 227 KB)

From: Auditor

Contact: Ann-Marie Hogan, City Auditor, 981-6750


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. All communications submitted to Council are public record.

Items 1 and 2: BAPAC Alcohol Regulations

1.      Timothy M. James

2.      Irene Hegarty, on behalf of John Cummins

2013 Shattuck Avenue

3.      Leonard Pitt

Iceland Closure

4.      Jim Duval and Patty Coluse

5.      Jimmy Duval

6.      Vicki Sommer

2721 Shattuck Avenue

7.      Jim Hultman (2)

8.      Andrew Williams

9.      Mark Rhoades

10.  Rolf Bell

Alameda Point for Berkeley Stadium

11.  David Howard

DAPAC/Center Street

12.  Juliet Lamont

13.  John N. Roberts

14.  Wendy Alfsen

15.  Diana Divecha

Downtown Transportation Issues

16.  Roy Nakadegawa

Downtown Berkeley Development

17.  Fran Segal

Hate-Crime Case

18.  Robin Wright

Miscellaneous

19.  richpaco@***.com

Oak Trees/Stadium Project

20.  David Lippe

21.  Oren Gabriel

22.  Bobby Mustache

Brower Center Project

23.  Wendy Alfsen

Community Emergency Response Training (CERT) Classes

24.  Disaster & Fire Safety Commission


Adjournment

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.