City Council eSummary - 02/27/07

Consent Calendar

Action: M/S/C – Maio/Worthington – Adopted the Consent Calendar in one motion except: Item 33 added to the Consent Calendar and referred to budget process; Items 13, 18 & 20 removed for discussion; and Item 34 continued to March 13, 2007.

1. Lease: 3282 Adeline Street (PDF, 70 KB) (First reading – February 13, 2007)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,970–N.S 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 Ordinance No. 6,970–N.S (PDF, 1.2 MB) (Effective March 29, 2007).

2. Contract Amendment: West Berkeley Rail Stop Transit Plaza Public Art (PDF, 90 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing an amendment to Contract No. 7006 with artist John Wehrle to increase the contract amount by $15,000 for a total not to exceed $58,750.

Financial Implications: See report

Contact: Michael Caplan, Office of Economic Development, 981-7000

Action: Adopted Resolution No.63,588–N.S. (PDF, 122 KB)

3. Formal Bid Solicitations and Request for Proposals (PDF, 80 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 - $1,000,000

Contact: Robert Hicks, Finance, 981-7400

Action: Approved recommendation.

4. Safety Members' Pension Fund Annual Reports for FY 2001 Through FY 2006 (PDF, 2 MB)

From: City Manager

Recommendation: That Council accepts the Safety Members Pension Fund (SMPF) annual reports for fiscal years ended June 30, 2001 through June 30, 2006.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

Action: Approved recommendation.

5. Annual Investment Report, Revisions to Investment Policies and Designation of Investment Authority (PDF, 83 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the Annual Investment Report, and renewing the delegation of authority to make investments to the Director of Finance.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

Action: Adopted Resolution No. 63,589–N.S. (PDF, 42 KB)

6. "Cost Per Copy" Multifunction Copier Program with MBA of California (PDF, 85 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to enter into multiple purchase orders (POs) with MBA of California for a Citywide "Cost Per Copy" program for multifunction copiers, using the Terms and Conditions of Request for Proposal 06-10081-C, for the period February 1, 2007 through June 30, 2013, for amounts estimated not to exceed $300,000 annually based on the POs executed each year.

Financial Implications: Various funds $300,000 per year.

Contact: Robert Hicks, Finance, 981-7300

Action: Adopted Resolution No. 63,590–N.S. (PDF, 67 KB)

7. Eliminate Title Company Retention of One-Third of the Real Property Transfer Tax Funds for Seismic Retrofit Program (PDF, 87 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code, Section 7.52.060 § K (4) to eliminate the provision that up to one-third of the Real Property Transfer Tax be set aside in an escrow account pending completion of seismic retrofit work. Amending the ordinance as recommended does not impact the seismic retrofit program in any way.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

Action: Adopted first reading of Ordinance No. 6,971–N.S (second reading March 13, 2007).

8. Contract Amendment: Financial Advisory and Technical Services (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with The National Development Council (NDC) for financial advisory and technical services to increase the contract amount by $14,000 for an amount not to exceed $59,500.

Financial Implications: Capital Improvement Fund - $14,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,591–N.S. (PDF, 67 KB)

9. Contract Amendment: Peer Review Construction Cost Services (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Dabri, Inc. for financial peer review services to increase the contract amount by $40,000 for an amount not to exceed $90,580.

Financial Implications: Capital Improvement Fund - $40,000

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,592–N.S. (PDF, 62 KB)

10. Contract: Civic Center Park Construction Support Services (PDF, 75 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Amphion, Inc. for construction support services for the Civic Center Park Renovation and Rehabilitation Project in an amount not to exceed $47,980 for the period February 28, 2007 through June 30, 2007.

Financial Implications: Landscaping/ Assessment District Fund - $47,980

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

Action: Adopted Resolution No. 63,593–N.S. (PDF, 64 KB)

11. Contract: Planning Services - Vivian Kahn (PDF, 85 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Kahn/Mortimer Associates for planning services, increasing the contract amount by $15,000 for a total not-to-exceed $50,644, and increasing the hourly rate from $85/hour to $100/hour.

Financial Implications: See report.

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

Action: Adopted Resolution No. 63,594–N.S. (PDF, 50 KB)

12. Grant: 2006-07 Coordinated Program for Measure B, Regional Bicycle and Pedestrian Program, Bicycle (PDF, 83 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit funding applications to the Alameda County Congestion Management Agency's 2006-07 Coordinated Program Grant for Measure B, Regional Bicycle and Pedestrian Program and Congestion Mitigation and Air Quality Funds; and execute related grant agreements and any amendments, and accept the grant funds, if awarded, for three grants:

1. Downtown BART Plaza Project: $320,000

2. Ashby-BART station/Ed Roberts Campus: $1,220,000

3. Travel Choice: $396,000

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,595–N.S. (PDF, 89 KB)

13. Access to Berkeley Police Department Information (PDF, 25 KB)

From: Councilmember Spring

Recommendation: That the City Manager returns to Council within 60 days with a plan to provide the public access to Berkeley's Police Department information, including police reports, as required by state law.

Financial Implications: See report

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

Action: Removed for discussion. M/S/C – Spring/Worthington – Directed the City Manager to report on current practices and recommend ways to improve the process on March 13, 2007.

14. Resolution to Eliminate Racial Discrimination (continued from January 30, 2007)

a. From: Councilmember Worthington (PDF, 45 KB)

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

b. Information Report from City Manager (PDF, 152 KB) (February 27, 2007- To Be Delivered)

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

Action: Adopted Resolution No. 63,596–N.S. (PDF, 101 KB)

15. Follow-Up Audit of Public Works Construction Contracts (PDF, 161 KB)

From: Auditor

Recommendation: Request the City Manager to report back on or before September 26, 2007, and every six months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.

Financial Implications: See report.

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

Action: Approved recommendation.

16. Hornblower Cruises and Events Labor Dispute and Boycott (PDF, 78 KB)

From: Commission on Labor

Recommendation: Adopt a Resolution endorsing the boycott of Hornblower Cruises and Events, including their Alcatraz Cruises subsidiary, and supporting the efforts of displaced workers of the Blue & Gold Fleet by encouraging Hornblower Cruises and Events to engage in positive negotiations with former Blue & Gold fleet workers.

Financial Implications: See report

Contact: Delfina Geiken, Commission Secretary, 981-7000

Action: Adopted Resolution No. 63,597–N.S. (PDF, 66 KB)

17. Shattuck Cinemas Labor Dispute (PDF, 77 KB)

From: Commission on Labor

Recommendation: Adopt a Resolution supporting Shattuck Cinema employees in their efforts to organize, and encouraging Landmark Theater Company resolve the dispute in a timely manner.

Financial Implications: None.

Contact: Delfina Geiken, Secretary, Commission on Labor, 981-7551

Action: Adopted Resolution No. 63,598–N.S. (PDF, 57 KB)

18. University Of California Berkeley Parking Increases For Staff And Faculty (PDF, 439 KB)

From: Commission on Labor

Recommendation: Adopt a Resolution affirming opposition to parking fee increases for University of California employees and encouraging the University of California to explore affordable mass transit options for its faculty and staff.

Financial Implications: None.

Contact: Delfina Geiken, Secretary, Commission on Labor, 981-7551

Action: Removed for discussion. M/S/C – Maio/Capitelli – Directed that a letter be sent to the UC (Maio to draft) asking that rates be structured to encourage car pooling, that rates be progressive, and that rates provide consideration for the disabled (Noes – Worthington).

19. Reappointment to the Mental Health Commission (PDF, 76 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution reappointing Allan Maris to the Mental Health Commission, as an Albany resident of the General Public Interest Category, for a three-year term beginning March 10, 2007 and ending March 9, 2010.

Financial Implications: None

Contact: Carol Patterson, Commission Secretary, 981-5217

Action: Adopted Resolution No. 63,599–N.S. (PDF, 46 KB)

20. Opposing the Use of Cluster Munitions and Other Weapons (PDF, 74 KB)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution supporting 1) the Cluster Munitions Coalition's campaign against the use of cluster munitions by sending a letter to the Norwegian Ministry of Foreign Affairs thanking Norway for taking the initiative to organize an international ban on cluster munitions that have unacceptable humanitarian consequences; 2) the campaign against the use of depleted uranium weapons by signing the petition of the International Coalition to Ban Uranium Weapons; and 3) sending a letter to President Bush condemning the manufacture, sale, and use of cluster bombs, depleted uranium weapons, and white phosphorus incendiary weapons.

Financial Implications: None.

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

Action: Removed for discussion. M/S/C – Wozniak/Moore – Continued to March 13, 2007 (Noes – Anderson, Spring, Worthington).

21. Zoning Adjustments Board Representation on the Joint Density Bonus Subcommittee (PDF, 75 KB)

From: Zoning Adjustments Board

Recommendation: Adopt a Resolution appointing Sara Schumer of the Zoning Adjustments Board (ZAB) to the Joint Density Bonus Subcommittee

Financial Implications: None.

Contact: Debbie Sanderson, Secretary, Zoning Adjustments Board, 981-7400

Action: Adopted Resolution No. 63,600–N.S. (PDF, 38 KB)

Action Calendar – New Business

28. Berkeley Housing Authority Governance Structure (PDF, 76 KB)

From: Executive Officer

Recommendation: Approve the governance structure as recommended by staff and begin process to appoint new board.

Financial Implications: None

Contact: Stephen Barton, Housing, 981-5400

Action: M/S/C – Worthington/Olds Approved recommendation.

29. FY 2007 Second Quarter Budget Workshop and Adoption of Mid Year Budget Appropriations (PDF, 86 KB)

From: City Manager

Recommendation:

1. Adopt a Resolution allocating anticipated, one-time General Fund revenue of $2,000,000 for specific one-time expenditures:

· $1 million to restore Fire Department overtime through December 2008;

· $200,000 for continued Telegraph Avenue improvements;

· $100,000 for Measure G (Greenhouse Gas Initiative) program planning;

· $500,000 for Economic Development investments;

· $200,000 for the Public Safety System program upgrades and maintenance;

· $1.3 million to be set aside for the deferred infrastructure maintenance and major repairs to be discussed during the FY 2008 & FY 2009 Biennial Budget process; and

2. Defer any recurring costs for consideration during the FY 2008 & FY 2009 Biennial Budget.

Financial Implications: See report.

Contact: Tracy Vesely, Budget Manager, 981-7000

Action: M/S/C – Wozniak/Olds – Approved City Manager and Mayor recommendations and adopted Resolution 63,605–N.S. (PDF, 118 KB) (Absent – Olds; Noes – Worthington).

M/S/C – Maio/Moore – Extended meeting to 11:15 p.m.

M/S/C – Maio/Wozniak – Extended meeting to 11:30 p.m. (Absent – Olds).

30. Evaluation of Telegraph Avenue Improvement Plan (PDF, 164 KB)

From: City Manager

Recommendation: Accept the report and approve funding recommendations to continue the improvement efforts on Telegraph Avenue, and extend those efforts into the Downtown.

Financial Implications: See report.

Contact: Phil Kamlarz, City Manager, 981-7000

Moore absent 11:45 p.m.

Action: M/S/C – Anderson/Worthington – Approved recommendation (Absent – Olds, Moore.

31. Mobile Disaster Fire Protection System (To Be Delivered, PDF, 4 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Hytrans BV for portions of the Mobile Disaster Fire Protection System (MDFPS) in an amount not to exceed $4,700,000.

Financial Implications: Community Facilities District #1 Fire Protection Bond Fund - $4,700,000

Contact: Debra Pryor, Fire Department, 981-5500

Action: Continued to March 20, 2007.

32. Zoning Ordinance Amendments: Procedural Changes to Streamline the Enforcement of Permit Violations (PDF, 5 MB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance to amend Berkeley Municipal Code (BMC) Chapters 23B.60, Compliance and Revocation, and 23B.64, Abatement of Nuisances.

Financial Implications: None.

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

Action: M/S/C – Maio/Wozniak - Adopted first reading of Ordinance No. 6,972–N.S (Absent – Olds) (second reading March 13, 2007).

M/S/C – Capitelli/Anderson – Extended meeting to 11:45 p.m. (Absent – Olds, Moore).

33. Funding of $200,000 for Traffic Calming in the Cedar/Rose/Hopkins/Gilman Area (PDF, 16 KB)

From: Councilmember Maio

Recommendation: $200,000 for traffic calming to implement needed measures to address heavy traffic impacts.

Financial Implications: $200,000

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

Action: Referred to budget process.

34. Supporting Prosecution of Donald Rumsfeld and Other Government Officials

a. From: Peace and Justice Commission (PDF, 289 KB)

Recommendation: Adopt a Resolution endorsing the case of Rumsfeld et al by joining the list of "co-plaintiffs".

Financial Implications: None

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

b. From City Manager (PDF, 58 KB)

Recommendation: That Council take no action on the proposed recommendation from the Peace and Justice Commission seeking that the City join in a criminal complaint asking a German prosecutor to investigate United States officials for the possible commission of crimes.

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

Action: Added to Consent Calendar and continued to March 13, 2007.