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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:
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summary
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
Preliminary Matters
Roll Call - 7:10 p.m. All present.
Ceremonial Matters:
1. Mayor Bates declared February 15, 2007 as denise brown Day
City Manager Comments: Reported on Black History Month scheduled activities
Public Comment on Consent
Calendar Items Only - 15
speakers.
Consent Calendar
Action: Moved/seconded/carried (Maio/Worthington) adopted the Consent Calendar in one motion. Removed for Discussion: Items 2 and 6. Added from Old Business: Item 26.
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
Action: Adopted Ordinance No. 6,967–N.S. (PDF, 210 KB) Effective March 15 2007.
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
Action: Continued to February 27, 2007. (Public Comments – 4). Direction: Further define “knowingly” and add a provision for self-reporting.
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 through August 31, 2011.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted Ordinance No. 6,966–N.S. (PDF, 265 KB) Effective March 15 2007.
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
Action: Adopted Ordinance No. 6,969–N.S. (PDF, 75 KB) Effective March 15 2007.
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
Action: Adopted Resolution No. 63,573–N.S. (PDF, 45 KB)
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
Action: Continued to February 27, 2007. (Public Comments – 3). Direction: Reflect a 60 day time period under which a location would be under a second offense; add a provision for self-reporting, provide City Manager flexibility regarding fines, provide report on the number of times the Police Department has responded to complaints, the number of second notices issued, and the number of repeat offenders.
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
Action: Approved recommendation.
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
Action: Adopted first reading of Ordinance No. 6,970-N.S. Second reading scheduled for February 27, 2007
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
Action: Adopted Resolution No. 63,574–N.S. (PDF, 55 KB)
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
Action: Adopted Resolution No. 63,575–N.S. (PDF, 172 KB)
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
Action: Adopted Resolution No. 63,576–N.S. (PDF, 111 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
Action: Adopted Resolution No. 63,577–N.S. (PDF, 48 KB)
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
Action: Adopted Resolution No. 63,578–N.S. (PDF, 73 KB) (Noes: Spring).
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
Action: Adopted Resolution No. 63,579–N.S. (PDF, 58 KB)
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
Action: Adopted Resolution No. 63,580–N.S. (PDF, 75 KB)
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
Action: Adopted Resolution No. 63,581–N.S. (PDF, 46 KB)
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
Action: Accepted information report (a) and approved recommendation (b).
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
Action: Approved recommendation and requested data to regarding the number of needles given out to determine abuses.
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
Action: Approved recommendation and adopted Resolution No. 63,582–N.S. (PDF, 97 KB)
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
Action: Approved recommendation.
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
Action: Adopted Resolution No. 63,583–N.S. (PDF, 35 KB)
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
Action: Adopted Resolution No. 63,584–N.S. (PDF, 54 KB)
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
Action: Adopted Resolution No.63,585–N.S. (PDF, 40 KB)
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
Action: Approved recommendation.
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
Action: Adopted Resolution No.63,586–N.S. (PDF, 44 KB)
Public Comment – Items Not Listed on the Agenda – 15 speakers.