Special Meeting eAgenda
February 27
, 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.


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Revised 2/23/07


Tuesday, February 27, 2007

5:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA

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

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, MMC, City Clerk, 981-6900.


Preliminary Matters

Roll Call

Public Comment – Limited to items on this agenda only.

Discussion and Direction

1.      BAPAC Alcohol Regulations – Social Host (PDF, 15 KB) (First reading - January 30, 2007 - Noes - Worthington; Abstain - Maio, Continued from February 13, 2007)

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


Direction from February 27, 2007 to further define  "knowingly"; and exempt students who self-report (requested by Mayor Bates). 

2.      BAPAC Proposals—Follow-up Report on Second Response Ordinance Amendments (PDF, 40 KB) (Continued from February 13, 2007)

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

Direction from February 27, 2007:  Go back to 60 days for second responses, provide more flexibility for the City Manager on the fines; provide consideration for those who self-report; provide some type of consideration if the host is not able to clear out the party after the first response (requested by Mayor Bates).  In addition, provide information regarding the number of times police have responded to out of control parties in the last year, the number of second response notices issues, and the number of times a second response fine has been imposed (requested by Councilmember Wozniak).

Discussion and Possible Action

3.      Amendment To BMC Zoning Ordinance Regarding Alcohol Use Permit And First Offenses By Food Establishments (PDF, 10 KB)

From: Councilmember Spring

Recommendation: That the council refer to the Planning Commission an amendment to the Zoning Code a provision that would allow a waiver for food establishments first time offenses of alcohol regulations.

Financial Implications: See report

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