Council Meeting Summary

Consent Calendar

Action: M/S/C (Worthington/Moore) adopted the Consent Calendar in one motion except as indicated:

1. Second Amendment to the FY 2007 Annual Appropriations Ordinance (PDF, 159 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,979–N.S. amending the FY 2007 Annual Appropriations Ordinance No. 6935–N.S. for fiscal year 2007 based upon recommended re-appropriation of committed FY 2006 funding and other adjustments authorized since July 1, 2006.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

Action: Adopted second reading of Ordinance No. 6,979–N.S. (PDF, 408 KB) Effective June 7, 2007.

2. Amendment to the Zoning Ordinance (ZA 2-07): Technical Amendments related to Residential Additions (PDF,15 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,980–N.S. altering Berkeley Municipal Code (BMC) Title 23 to clarify the required finding for denial of residential additions in all Residential Districts (BMC Sections 23D.16.090, 23D.20.090, 23D.24.090, 23D.28.090, 23D.32.090, 23D.36.090, 23D.40.090, AND 23D.44.090) and to clarify the definition of dormer and application of average building height (BMC Section 23F.04.010).

Financial Implications: None

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

Action: Adopted second reading of Ordinance No. 6,980–N.S. (PDF, 174 KB) Effective June 7, 2007.

3. Contract: NetFile Online Campaign Report Filing and Tracking (PDF, 125 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Westcoast Online Information Systems, Inc. dba NetFile for online campaign report and Form 700 filing and tracking for a period of four years at a cost not to exceed $91,200.

Financial Implications: See report

Contact: Pamyla Means, City Clerk, 981-6900

Action: Adopted Resolution No. 63,669–N.S. (PDF, 55 KB) (Noes – Worthington).

4. Minutes for Approval (PDF, 256 KB)

From: City Manager

Recommendation: Approve the minutes for the Council meetings of February 20, 2007 (joint closed), February 27, 2007 (special and regular), March 12, 2007 (joint closed), March 13, 2007 (special and regular), March 20, 2007 (special and regular), March 27, 2007 (special and regular) and March 29, 2007 (closed).

Financial Implications: None

Contact: Pamyla Means, City Clerk, 981-6900

Action: Approved minutes as submitted.

5. CALReUSE (California Recycle Underutilized Sites) Loans (PDF, 284 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute CALReUSE (California Recycle Underutilized Sites) loans as a Strategic Partner of the California Pollution Control Financing Authority.

Financial Implications: See report

Contact: Michael Caplan, Office of Economic Development, 981-7530

Action: Adopted Resolution No. 63,670–N.S. (PDF, 52 KB)

6. Increase Purchase Order: Pinnacle Printing Services (PDF, 81KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase blanket purchase order (BPO) 62737 with Pinnacle Printing Systems to pay for printing and mailing services already provided, for a total amount not to exceed $35,000 for the period of July 1, 2006 through June 30, 2007.

Financial Implications: Various Funds - $17,000

Contact: Robert Hicks, Finance, 981-7300

Action: Adopted Resolution No. 63,671–N.S. (PDF, 56 KB)

7. Formal Bid Solicitations and Request for Proposals (PDF, 86 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 - $264,000

Contact: Robert Hicks, Finance, 981-7300

Action: Approved recommendation.

8. Issuance of General Obligation Refunding Bonds, 2007 Series A and Series B (PDF, 5 MB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the issuance of G.O. Refunding Bonds, 2007 Series A to refund the COB 1997 Measure G G.O. Bonds. And, adopt a Resolution authorizing the issuance of G.O. Refunding Bonds, 2007 Series B to refund the COB Measure S 1997 G.O.Bonds, the 1998 G.O. Bonds, and the 1999 G.O. Bonds.

Financial Implications: See report.

Contact: Robert Hicks, Finance, 981-7300

Action: Adopted Resolution No. 63,672–N.S. (PDF, 2.3 MB) (G.O. Refunding Bonds, 2007 Series A) and Resolution 63,691–N.S. (PDF, 2.6 MB) (G.O. Refunding Bonds, 2007 Series B).

9. Mobile Disaster Fire Protection System (PDF, 261 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to executive 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 Chief, 981-5500

Action: Adopted Resolution No. 63,673–N.S. (PDF, 43 KB)

10. May is Mental Health Month (PDF, 77 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution proclaiming May 2007 as Mental Health Month in the City of Berkeley.

Financial Implications: None

Contact: Carol Patterson, Commission Secretary, 981-5217

Action: Adopted Resolution No. 63,674-N.S. (PDF, 62 KB)

11. Renewal Grants: Shelter Plus Care Program (PDF, 80 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept grant awards from the U.S. Department of Housing and Urban Development to renew two Shelter Plus Care grants: one for the amount of $1,985,736 for tenant-based rental assistance for the period May 24, 2007 through May 23, 2008, and the other for the amount of $112,908 for sponsor-based rental assistance for the Shelter Plus Care Pathways Project for the period June 1, 2007 through May 31, 2008.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,675–N.S. (PDF, 54 KB)

12. Grant: Measure B Revenue (PDF, 322 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the 12-month Measure B program plan for paratransit services and authorizing the City Manager to transmit the plan and 12-month claim in the amount of 191,499 for Measure B annual pass-through funds for use during fiscal year 2008 to the Alameda County Transportation Improvement Authority (ACTIA) and to deposit the grant revenue.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,676–N.S. (PDF, 50 KB)

13. Contract: Lighting Efficiencies (PDF, 91 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole-source contract for lighting efficiency improvements at Sather Gate Garage, Berkeley Marina Corporation Yard and Administration Building, Fire Stations No. 2, No. 4, and No. 5, and the Public Works Transfer Station Administration Buildings, with T. Marshall Associates in an amount not to exceed $67,942 for the period May 9, 2007 through December 31, 2007.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

Action: Adopted Resolution No. 63,677–N.S. (PDF, 69 KB)

14. Contract: Occupational Health Services (PDF, 81 KB)

From: City Manager

Recommendation: Approve a Resolution authorizing the City Manager to execute contracts with The Kaiser Permanente Medical Group for occupational health medical examinations including pre-employment and annual physicals and Emeryville Occupational Medical Center for drug and alcohol sample collection for the period July 1, 2007 through June 30, 2012 in an amount not to exceed $250,000 and $50,000 respectively.

Financial Implications: See report

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 63,678–N.S. (PDF, 69 KB)

15. Classification: Energy Program Manager (PDF, 98 KB)

From: City Manager

Recommendation: Adopt a Resolution to amend Resolution No. 61,840–N.S., Classification and Salary Resolution for Public Employees Union Local One, to change the classification title of Energy Officer to Energy Program Manager with a revised classification specification and salary range of $6,875 – 8,357 per month effective May 6, 2007.

Financial Implications: See report

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 63,679–N.S. (PDF, 53 KB)

16. Contract: Hazardous and Universal Waste Disposal (PDF, 80 KB)

From: City Manager

Recommendation: Approve a Resolution authorizing the City Manager to execute a contract with Romic Environmental Technologies Corporation for disposal of hazardous and universal waste generated by the City and to provide emergency response, cleanup and disposal services

Financial Implications: See report

Contact: David W. Hodgkins, Human Resources, 981-6800

Action: Adopted Resolution No. 63,680–N.S. (PDF, 80 KB)

17. Contract: Construction of Gilman Street Sports Fields (PDF, 266 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the bid from McGuire & Hester, Inc., and authorizing the City Manager to execute a contract and any amendments with McGuire & Hester, Inc. in an amount not to exceed $5,003,075, which includes a 10% contingency, for the term May 9, through December 31, 2007 to construct the Gilman Street Sports Fields; and appropriating $4,881,701 in the FY2008 Parks budget.

Financial Implications: $5,003,075 expenditures.

Contact: Marc Seleznow, Parks, Recreation and Waterfront

Action: Adopted Resolution No. 63,681–N.S. (PDF, 62 KB)

18. Purchase Order: Tire Repair Services (PDF, 78 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase blanket purchase order No. 61535 with Dependable Tire Solutions to pay for tire repair services already provided for a total amount not to exceed $30,000 for the period July 1, 2006 through June 30, 2007.

Financial Implications: Equipment Maintenance Fund - $5,000

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,682–N.S. (PDF, 43 KB)

19. Contract: On-Call CCTV Inspection Services (PDF, 24 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions or change orders with E2 Consulting Engineers, Inc. in the amount not to exceed $450,000, to provide on-call CCTV (Closed Circuit Television) inspection services for a three-year period, from July 1, 2007 through June 30, 2010.

Financial Implications: Sewer and Clean Stormwater Funds - $450,000

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,683–N.S. (PDF, 57 KB)

20. Final Tract Map 7726: 2700 San Pablo Avenue(PDF, 20 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7726, a thirty-five unit residential and commercial condominium located at 2700 San Pablo Avenue.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,684–N.S. (PDF, 35 KB)

21. Contract: Refuse Services Rate Study (PDF, 79 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with R3 Consulting Group, Inc., for a refuse services rate study in an amount not to exceed $40,550 for the period April 1, 2007 through June 30, 2008.

Financial Implications: Refuse Fund - $40,550

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,685–N.S. (PDF, 47 KB)

22. Contract Amendment: On-Call General Surveying Services (PDF, 79 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6983 contract with Logan Surveying, Inc., approved by Resolution No. 63, 295–N.S., for on-call general surveying services, increasing the amount by $250,000 for a total amount not to exceed $500,000 for the period July 1, 2006 through July 1, 2009.

Financial Implications: Various Funds - $250,000

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No 63,686–N.S. (PDF, 52 KB)

23. Contract: Delivery Services for Residential Food Scrap Containers (PDF, 302 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Environmental Delivery Services, Inc. for house-to-house delivery of residential food scrap kitchen pails, in an amount not to exceed $40,425 for FY 2008.

Financial Implications: Refuse and Alameda County Waste Management Funds - $40,425

Contact: Claudette Ford, Public Works, 981-6300

Action: Adopted Resolution No. 63,687–N.S. (PDF, 62 KB)

24. Reappointment of Susan Kupfer to the Board of Library Trustees (PDF, 70 KB)

From: Board of Library Trustees

Recommendation: Appoint Trustee Susan Kupfer to the Board of Library Trustees for a second term ending May 13, 2011.

Financial Implications: None

Contact: Donna Corbeil, Commission Secretary, 981-6195

Action: Removed from Consent Calendar for discussion. M/S/C (Moore/Wozniak) approved recommendation.

Council Consent Items

25. Teen Recreation Programs (PDF, 84 KB)

From: Mayor Bates

Recommendation: Request that:

1. City Council schedule a 10 minute power-point presentation on June 12 from Berkeley High School Community Partnership Academy students on their Survey of Berkeley Teen’s Needs for Out-of-School Activities in Berkeley

2. Request the City Manager to develop a proposal and cost estimate to expand Teen Programs in the City of Berkeley Recreation Division for FY 2008 and 2009 biennial budget deliberations.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation

26. City Car Share Program Evaluation and Expansion (PDF, 81 KB)

From: Mayor Bates

Recommendation: That the City Council request the City Manager:

1. Provide an update to the City Council on our city fleet partnership with City CarShare

2 Identify opportunities for expansion of the program, including mandatory retirement of additional city fleet vehicles

3. Consider requiring more employees to use CarShare rather than a traditional

4. fleet vehicle

5. Examine expanding our fleet CarShare program to city worksites/ offices beyond the civic center.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

Action: Approved recommendation.

27. Restore Electricity to Aquatic Park EGRET’s Cabin (PDF, 32 KB)

From: Councilmember Moore

Recommendation: That the Berkeley City Council refers the following to the FY2008-2009 budget process: A request for $15,000 to be used to pay for equipment and services related to restoring electricity to the Aquatic Park EGRET cabin.

Financial Implications: General Fund - $15,000

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action: Approved recommendation.

28. Sex Reassignment Surgery as Part of Employee Healthcare Benefits (PDF, 109 KB)

From: Councilmembers Moore and Worthington

Recommendation: Request the City Manager and the Personnel Board to discuss the financial feasibility of incorporating sex reassignment surgery into employee healthcare benefits. Return to City Council in six months with an implementation strategy.

Financial Implications: Unknown

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action: Acknowledged revised Agenda Report and referred to the City Manager to submit a feasibility study in six months or less.

29. Options’ Recovery Services (PDF, 99 KB)

From: Councilmembers Moore, Olds, Worthington and Wozniak

Recommendation: That the Berkeley City Council refers $200,000 to the FY 2008/2009 budget process in order for Options’ Recovery Services to continue operating at current service levels

Financial Implications: General Fund - $200,000

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action: Approved recommendation.

30. Full Youth Employment for YouthWorks Summer 2008 and 2009 (PDF, 38 KB)

From: Mayor Bates, and Councilmembers Moore and Anderson

Recommendation: Request the City Manager to develop a proposal and cost estimate for FY 2008 & 2009 Biennial Budget process for full youth employment by expanding the City of Berkeley Youth Employment Program (YouthWorks) capacity to accept all eligible applicants.

Financial Implications: To be determined

Contact: Darryl Moore, Councilmember, District 2, 981-7120

Action: Approved recommendation.

31. Recommendations by the Disaster and Fire Safety Commission Regarding Seismic Rebate Program and Plan (PDF, 112 KB)

From: Councilmember Capitelli

Recommendation: Refer to the City Manager the recommendations made to the City Council by the Disaster and Fire Safety Commission in their memo of September 21, 2006, related to the City's seismic retrofit rebate program, and return to Council with:

1. Language that incorporates specific suggestions related to Plan Set A, including the formation of an ad hoc group of engineers/experts to review these and future proposals, by April 2008

2. An evaluation and proposal for implementation of the Los Angeles hillside building code by December 2007

3. A process for fully developing the library of "Additional Details" for Plan Set A

4. A report of trends in the seismic rebate program throughJune2008,including an evaluation of the implementation of Plan Set A.

Financial Implications: See report

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action: Approved recommendation.

32. Support for the Women's Equality Amendment (H.J.Res 40) (PDF, 72 KB)

From: Councilmembers Worthington, Spring and Olds

Recommendation: That the Berkeley City Council support efforts in the US House of Representatives and US Senate to pass the Women’s Equality Amendment.

Financial Implications: None

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

Action: Approved recommendation.

33. Community Involved Policing for Telegraph Avenue (PDF, 28 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council refer to the City Manager the creation of a report evaluating funding and organizational changes needed to implement community-involved policing for the Telegraph Avenue Area including:

1. Creation of a foot patrol for Telegraph Avenue

2. Opportunities for assigned officers to initiate contact with businesses and residents

3. Designation of a cell phone or pager to provide prompt response from on-duty officers in the area

4. An estimate of any additional funding needed to implement community-involved policing for Telegraph.

Financial Implications: See report

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

Action: Removed from the Consent Calendar for discussion. M/S/C (Moore/Worthington) approved recommendation and added evaluation of all commercial areas.

Public Comment – Items Not Listed on the Agenda – 3

Action Calendar – New Business

42. Amend Resolution 62,857-N.S. Regarding Council Rules of Procedure Pertaining to Submission of Agenda (PDF, 94 KB)

From: City Manager

Recommendation: Amend Resolution 62,857–N.S. and readopt Council Rules of Procedure regarding the deadline for submission of agenda reports for council meetings.

Financial Implications: See report

Contact: Pamyla Means, City Clerk, 981-6900

Action: Moved to the Consent Calendar and adopted Resolution No. 63,690–N.S. (PDF, 172 KB)

43. Disaster and Fire Safety Commission Priorities for 2007

a. From: Disaster and Fire Safety Commission (PDF, 563 KB)

Recommendation: That the current momentum be allowed to continue, by retaining and supporting the work of the City staff (in the Office of Emergency Services, Fire Department, Police Department, City Manager's Office, Planning and Development Department, and Health and Human Services, among others), who are coordinating the work in each of the following program areas:

1. Seismic Building Safety - a) Transfer Tax Seismic Retrofit Standards, b) Soft Story Program, c) Unreinforced Masonry Program

2. Office of Emergency Services Revitalization

3. Sheltering Plans

4. Critical Emergency Traffic

5. Pandemic Preparedness

6. Memorial Stadium and Southeast Campus Integrated Projects Plan

7. CERTProgram and Disaster Caches.

Financial Implications: Unknown

Contact: Gil Dong, Commission Secretary, 981-5500

b. From City Manager (PDF, 75 KB)

Recommendation: The City Manager refers this item to the budget process for consideration and review by impacted City departments. The recommendations put forth by the Disaster and Fire Safety Commission is comprehensive and crosses multiple department responsibilities, which requires City staff to evaluate further.

Financial Implications: Approximately $400,000

Contact: Gil Dong, Assistant Fire Chief, Fire Department, 981-5500

Action: Moved to the Consent Calendar and approved Item b – Recommendation from the City Manager.

44. Public Commons for Everyone Initiative

a. From: City Manager (PDF, 95 KB)

Recommendation: That Council discusses and provides direction on options to:

1. Restrict smoking in public areas in commercial zones.

2. Install better directional signage to public restrooms.

3. Develop prohibitions and increased fines for public urination and defecation.

4. Provide for strict enforcement of all existing laws affecting the quality of life in public spaces and parks

5. Reduce warning provisions associated with regulation prohibiting lying on the sidewalk.

Financial Implications: See report

Contact: Jim Hynes, Office of the City Manager, 981-7000

b. From: Homeless Commission, Mental Health Commission and Human Welfare Commission (PDF, 86 KB)

Recommendation: The Homeless, Mental Health, and Human Welfare and Community Action Commissions recommend the Mayor and City Council to not take any action on May 8, 2007 on any of the proposals and recommendations contained in the Public Commons for Everyone Initiative or the City Manager’s workplan submitted to Council on March 27, 2007. Additionally, the Commissions recommend that:

1. The Mayor and Council direct staff to provide additional information in order for the Commissions to properly advise the Mayor and Council. Without more detailed information, the Commissions believe they cannot support any elements of the proposal or workplan items.

2. The Mayor and Council allocate more money to a variety of needed services.

3. The Mayor, Council, and staff consult with the Commissions throughout the development of staff recommendations for implementation.

4. The Mayor hold a joint meeting with the Homeless Commission, the Mental Health Commission, and the Human Welfare and Community Action Commission to discuss the PCEI and staff workplan, preferably prior to May 8, 2007 City Council meeting.

Financial Implications Unknown

Contact: Jennifer Vasquez, Homeless Commission Secretary, 981-5400

11:55 P.M. – M/S/C (MAIO/WOZNIAK) SUSPENDED RULES AND EXTENDED MEETING TO 12:15 A.M.

PUBLIC COMMENTS – 20

COUNCILMEMER MOORE NOTED ABSENT 12:09 A.M.

Action: Continued discussion to May 22, 2007 – Mayor Bates to submit additional recommendations.

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.