Agenda Committee Item #5
Council Draft Agenda - January 30, 2007

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DRAFT AGENDA

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

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.

Public Comment

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


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.      Repealing BMC Section 6.36.010 Regulating People's Park (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

2.      Oxford Plaza and David Brower Center Project - Amendments to the Disposition and Development Agreement (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

3.      Minutes for Approval

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

4.      Revised 2007 City Council Meeting Schedule

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

5.      Formal Bid Solicitations and Request for Proposals

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

6.      Contract: Albany Unified School District

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

7.      Lease: 3282 Adeline Street

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, Youthand Children's Program 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

8.      Contract:  Legal Advisory Services

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 $75,000 for a new contract amount not to exceed $294,950 and expiring when services are no longer required by the City.

Financial Implications: Capitol Improvement Fund - $75,000

Contact: Stephen Barton, Housing, 981-5400

9.      License Agreement:  Laundry machines at "A" Dock in the Marina

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

10.  Contract: Closed Captioning Services - Zoning Adjustment Board Meetings

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

11.  Lease: 2118 Milvia Street

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

12.  Contract: Police Department Towing Services

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

13.  Contract: Special Counsel and Legal Services

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

14.  Contract: Hills Fire Station Construction

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

15.  Contract: Transit Benefits Administrator

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

16.  Final Map of Tract 7774 - 2020 Kittredge Street

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

17.  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

18.  One-Time Budget Referral for "How Berkeley..." 2006 Extraordinary Expenditures (PDF, 19 KB)

From: Councilmember Maio

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

19.  Designate February 7, 2007 as National Black HIV/AIDS Awareness Day (PDF, 102 KB)

From: Councilmember Moore

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

20. Joining the National Pro-Choice City Campaign (PDF, 16 KB)

From: Councilmember Olds

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

21.  Opposition to President Bush’s Escalation of Troops for the War in Iraq (PDF, 27 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

22.  Resolution to Eliminate Racial Discrimination (PDF, 62 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

23.  Appointment to the Mental Health Commission (PDF, 85 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

24.  Waiver of Marina Berth Fees For Nonprofits - Exchange For Community Service

From: Waterfront Commission

Recommendation: Adopt a Resolution to renew the waiver of berth fees at the Berkeley Marina for two non-profit organizations:  the Cordell Explorer and the Pegasus Project.

Financial Implications: None.

Contact: Cliff Marchetti, Secretary, Waterfront Commission, 981-6700

Action Calendar – Appeals

25.  LPC Appeal: 1 Cyclotron Road (Bevatron)

a.      From: City Manager

Recommendation: Adopt a Resolution to affirm the decision of the Landmarks Preservation Commission (LPC) to designate the Lawrence Berkeley National Laboratory Bevatron, Building 51, site a City of Berkeley Landmark back to the Landmarks Preservation Commission.

Financial Implications: None

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

b.      Appeal

1.      Friends of the Bevatron

c.       Communications
 

Action Calendar – New Business

26.  BAPAC Proposals Concerning Additional Alcohol Regulations

From: City Manager

Recommendation:

1.   Refer to the Planning Commission amendments to Berkeley Municipal Code section 23C.04.030 and chapters 23B.60 and 23B.64 and provide any additional policy directions regarding Berkeley Alcohol Policy Advisory Coalition (BAPAC) Proposals concerning additional alcohol regulations;

2.   Adopt first reading of an Ordinance adding a new chapter 9.84 to the Berkeley Municipal Code (Mandatory Responsible Beverage Service Training; Attachment 1);

3.   Adopt first reading of an Ordinance adding a new chapter 13.49 to the Berkeley Municipal Code (Social Host Ordinance; Attachment 2); and

4.   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; Attachments 3-A and 3-B).

5.   Ask the City Manager to report back on enforcement resources and approaches after meeting with BAPAC

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

27.  BAPAC Proposals Concerning Additional Alcohol Regulations

From: Community Health Commission

Recommendation: Review and update existing ordinances that regulate businesses which sell alcohol, and provide effective and consistent enforcement of these ordinances, with the emphasis being on prevention.

Financial Implications: None

Contact: Kimi Sakashita, Commission Secretary, (510) 981-5344

28.  License Agreement: Cal Sailing Club

From: Waterfront Commission

Recommendation: Adopt a Resolution authorizing the City Manager to execute a renewal  of the License Agreement or a  Lease with Cal Sailing Club (CSC) with no increase in fees.

Financial Implications: None

Contact: Cliff Marchetti, Secretary, Waterfront Commission, 981-6700

29.  License Agreement: Cal Sailing Club

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Cal Sailing Club at the Berkeley Marina for a period of five years for a total license revenue amount of $38,240.

Financial Implications: See report

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700

30.  Zoning Ordinance (BMC Title 23) Amendment: Eliminating 4 Plus 4 Inclusionary Units Exception

From: City Manager

Recommendation: Adopt first reading of an Ordinance to (1) amend Berkeley Municipal Code (BMC) Sections 23C.12.020 and 23E.20.080 to require projects with a total of five or more residential units and live/work units (but not five or more live/work units) to provide inclusionary units equivalent to 20% of the total number of units and pay in-lieu fees for fractional portion of the  required inclusionary units; and (2) modify BMC Section 23E.20.080 to require all inclusionary live/work units be dispersed throughout the project and be comparable to the size, design and appearance of non-inclusionary units.

Financial Implications: None

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

31.  Zoning Ordinance Amendments  - Design Review Committee Membership

From: City Manager

Recommendation: Adopt a first reading of an Ordinance 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

32.  Joint Subcommittee on Density Bonus (PDF, 80 KB)

From: Mayor Bates

Recommendation: Request the Joint Subcommittee on Density Bonus complete its work and make final recommendations to the Planning Commission by March 31, 2007 with the thanks of the City Council for their time and effort. 

Financial Implications: None.

Contact: Tom Bates, Mayor, 981-7100

Information Reports

33.  Off-Label Use of the Drug Cytotec

From: City Manager

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

34.  Status Report: Recommendations To Combat Alcohol And Other Drug Problems

From: City Manager

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

35.  Audit: Association For Sports Field Users

From: City Manager

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700


Communications

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.

Communication (or Agenda Item) Title

1.      Author


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.