Agenda Committee Item #4-2
Council Draft Agenda - June 19, 2007

Printer-friendly PDF* draft agenda: (12 KB)



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DRAFT Agenda

Berkeley City Council meeting

TUESDAY, JUNE 19, 2007

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

Tom Bates, Mayor


District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

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

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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 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.

Items that are removed from the Consent Calendar and deemed by the Mayor to be controversial in nature will be considered at the end of the agenda.  The Mayor will call for public comments on items on the Consent Calendar.  For each item, the Mayor will entertain one speaker in support and ask that persons in the audience who are also in support stand to be recognized.  The Mayor will then entertain one speaker in opposition and follow the same process for the speaker in support.  If the Mayor determines that there are several persons wishing to speak to the item, the item will be removed from the Consent Calendar and considered at the end of the agenda. 

1.   Contract Amendment:  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 $80,000 for a new contract amount not to exceed $399,950 and expiring when services are no longer required by the City.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

2.   Acquisition of 9th Street Drill Track

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute all necessary documents required to purchase the real property known as the 9th Street Drill Track in southwest Berkeley from the Union Pacific Railroad Company for an amount not to exceed $3,008,590.

Financial Implications: Various funds - $3,008,590

Contact: Claudette Ford, Public Works, 981-6300


Council Consent Items

3.   Report for Information Concerning the Change in Employment Status of Yassir Chadly (PDF, 16 KB)

From: Councilmember Maio

Recommendation: Request the City Manager to submit a Report for Information regarding Yassir Chadly.

Financial Implications: None.

Contact: Linda Maio, Councilmember District 1, 981-7110

4.   Modifying Referral To City Manager To Establish Special Residential Pilot Parking Policy For Southside (PDF, 25 KB)

From: Councilmember Worthington

Recommendation: That the Council modifies the referral to the City Manager approved on July 25, 2006 to include the following areas in the special residential pilot parking policy: Dwight Way on the north, College Avenue on the east and extend the study area to Derby Street on the South.

Financial Implications: See report.

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

5.   Amend Resolution No. 53,575-N.S. Establishing Rules Concerning Posting Of Agendas, Limitation Action Not On Posted Agenda, and Public Comment (PDF, 53 KB)

From: Councilmember Worthington

Recommendation: Amend Resolution 53,575—N.S. to incorporate the new procedures for Public Comment established by the Major and to incorporate other minor changes for clarity, consistency and performance with The Brown Act.  Disseminate the amended resolution to the City Council, all Boards, Commissions, Committees and Task Forces for immediate implementation.

Financial Implications: See report.

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

Action Calendar- Public Hearing

6.   FY 2008 and FY 2009 Biennial Citywide Work Plan and Budget (To be delivered)

From: City Manager

Contact: Tracy Vesely, Budget Manager, 981-7000

Action Calendar – New Business

7.   Rescind Policy Prohibiting Drug and Alcohol Testing of City Employees

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 54,533-N.S. to rescind Chapter 8 that prohibits drug and alcohol testing of employees.

Financial Implications: None

Contact: David Hodgkins, Human Resources, 981-6800

Action Calendar – Council Items

8.   Budget Priorities To Prevent Proposed Cuts To Community Agencies, Fund Violence Prevention And Homeless Services Capital Needs (PDF, 28 KB)

From: Councilmember Worthington

Recommendation: That the Council support the following budget priorities:

1.  Prevent proposed cuts to community service agencies in amendments to the City Manager’s proposed budget

2.  Fund violence prevention programs, projects or strategies within multiple departments

3.  Set aside one-time capital funds to assist homeless service agencies

Financial Implications: Revenue from transfer tax receipts would be used to fund these programs.

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

Public Comment – Items Not Listed on the Agenda


Information Reports

9.   Audit: Residential Rental Inspection Program

From: City Manager

Contact: Lisa Caronna, Housing, 981-5400



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.

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Communications – 06/19/07

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.