Agenda Committee Item #4
Council Draft Agenda - January 16, 2007

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Draft AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, JAnuary 16, 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 MMC, 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.   Extension of the Waterfront Commission (First reading – December12, 2006 - Unanimous)

From: Waterfront Commission

Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.070 extending the term of the Waterfront Commission to December 31, 2011.

Financial Implications: Minimal.

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

2.   Parking Meter And Pay-And-Display Station Fees (First reading – December 12, 2006 - Unanimous)

From: City Manager

Recommendation: Adopt the second reading of an Ordinance amending Berkeley Municipal Code (BMC), Section 14.52.120, Parking Meter and Pay-and-Display Station Fees to increase the rate to $1.00 per hour, effective March 5, 2007.

Financial Implications: See report.

Contact: Claudette Ford, Public Works, 981-6300

3.   Repealing BMC Section 6.36.010 Regulating People's Park

From: City Manager

Recommendation: Adopt first 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

4.   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 - $1,170,000.

Contact: Robert Hicks, Finance, 981-7300

5.   Contracts: Mental Health Supportive Housing

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute: a) an amendment to the contract with the Menlo Hotel for the provision of temporary housing to increase the contract amount by $180,000 for a total contact amount not to exceed $204,500, and to extend the expiration date to June 30, 2008; b) an amendment to the contract with the Avondale Hotel for the provision of temporary housing to increase the contract amount by $100,000 for a total contract amount not to exceed $205,000, and to extend the expiration date to June 30, 2008; and c) a contract and any amendments with the Lakehurst Hotel for the provision of temporary housing for the period February 1, 2007 through June 30, 2008 in an amount not to exceed $41,510.

Financial Implications: Integrated Services and Housing for Homeless Mentally Disabled (AB2034) - $321,510

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

6.   Contract: Design and Construction of Storage Lockers

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Building Opportunities for Self-Sufficiency for final design and construction costs associated with the Storage Locker Program at the Multi-Agency Service Center in an amount not to exceed $39,429 for the period July 1, 2006 through June 30, 2007.

Financial Implications: General Fund - $39,429

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

7.   Mental Health Program Relocation to 2433 Channing Way

From: City Manager

Recommendation: Authorizing the City Manager to relocate the Mental Health Mobile Crisis Team to City-owned commercial property located at 2433 Channing Way.

Financial Implications: General Fund - $23,556

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

8.    Grant: Waste Tire Enforcement

 From: City Manager

 Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the California Integrated Waste Management Board, and accept funds for a Waste Tire Enforcement Grant for a period of five years beginning FY 2006/2007 through FY 2011/2012.

Financial Implications: Unknown

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

9.   Authorization to Execute HTF Loan Documents for Allston House

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager, or his designee, to execute the development loan agreement and other documents related to the Housing Trust Fund (HTF) permanent loan in the amount of $789,546 for Allston House, a 47-unit acquisition and rehabilitation project for low-income and very low-income families.  The loan was approved by City Council on November 14, 2006.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

10. Winter Homeless Shelter Program - MOU and Expenditures

From: City Manager

Recommendation: Adopt a Resolution authorizing: 1) an increase of $7,000 for the Winter Shelter Program that is needed for rehabilitation of the facility being used at the former Oakland Army Base; and 2) the City Manager to enter into a Memorandum of Understanding (MOU) with the City of Oakland, Department of Human Services, in an amount not to exceed $71,000 for the Winter Shelter Program, an increase of $7,000 from the already authorized MOU with the City of Oakland for an amount not to exceed $64,000 (Resolution No. 63,446).

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

11. Contract:  Community Agency Consultant/ Employee Related Legal Services

From: City Manager

Recommendation: Adopt a Resolution authorizing an amendment to the existing contract with Easy Does It to increase the amount by $6,000 for a total not to exceed $777,244 for the period July 1, 2006 through June 30, 2007 for an Organization Consultant and employee related legal services.

Financial Implications: See Report

Contact: Stephen Barton, Housing, 981-5400

12. Contract:  Legal Services - Federal And State Tax Issues

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing contract with Hanson Bridgett Marcus Vlahos Rudy LLP (hereinafter "Hanson Bridgett") by increasing expenditure authority in an amount not to exceed $40,000 for legal services pertaining to federal and state tax issues for the period of January 1, 2007 through December 31, 2007.

Financial Implications: General Fund - $40,000

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

13. Health Plan Rate Increases

From: City Manager

Recommendation: Adopt two Resolutions: 1) approving a 20% rate increase for the Kaiser Foundation Health Maintenance Organization (HMO) health plan for Active Employees, a 57.8% rate increase for Early Retirees, and a 29.1% rate increase for Senior Advantage Retirees; and 2) approving a 13.33% rate increase for the Health Net HMO health plan for Active Employees, a 61.47% increase for Early Retirees, a 1.57% rate increase for Seniority Plus Retirees, and a 1.46% decrease for the Health Net Point of Service (POS) for both Active Employees and Early Retirees effective January 1, 2007, through December 31, 2007, and rescinding Resolution No. 63,143-N.S. and Resolution No. 63,144-N.S.

Financial Implications: Payroll Deduction Trust Fund - $1,918, 000

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

14. Contract:  Design and Engineering Services for the Gilman Street

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with SFE/Landscape Architects to provide additional design and engineering services for the Gilman Street Sports Fields project in an amount not to exceed $12,760 for a new contract total not to exceed $444,416, which includes a 10% contingency; and extending the term through December 31, 2007.

Financial Implications: 2000 Bond Act CA Prop 12 Fund - $12,760

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

15. Contract:  Environmental and Planning Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to approve three contracts and any amendments with JWC Urban  Design, Shawna Brekke-Read, and Illingworth & Rodkin, Inc. for planning and environmental review services in an amount not to exceed $250,000 each for a total contract period of three years, with the sole source of funding derived from funds provided by applicants.

Financial Implications: None

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

16. Contract: Purchase Order for Deoxyribonucleic Acid (DNA) Testing

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to: 1) increase FY 2007 Purchase Order #61815 by $35,000.00 for a total amount not to exceed $60,000.00 to Forensic Analytical Laboratory for DNA testing and analysis; and, 2) execute a personal services contract, and any amendments, with Forensic Analytical Laboratory in an amount not to exceed $60,000.00 for investigative forensic examination and reporting services, including, but not limited to, DNA testing and analysis, each year for a total of five (5) years from FY 2007 through FY 2011.

Financial Implications: See report

Contact: Doug Hambleton, Chief of Police, 981-5700

17. Contract : Traffic Engineering Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with W-Trans (Whitlock & Weinberger Transportation, Inc.) for traffic engineering consulting services on the Gilman I-80 Roundabout Project; increasing the contract amount by $62,949 for a new contract total not to exceed amount of $77,649; and changing the contract term to January 8, 2005 through December 31, 2007.

Financial Implications: $62,949 (Funds 661 and 850)

Contact: Claudette Ford, Public Works, 981-6300

18. Contract:  Storm Drain Leaf and Debris Removal

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with East Bay Conservation Corps, increasing the amount by $25,001 to a total not to exceed $50,000, and extending the termination date to March 31, 2008.

Financial Implications: Capital Improvement Fund - $25,001

Contact: Claudette Ford, Public Works, 981-6300

19. Contract:  Grover Landscape Services, Inc  - Hauling and Processing of Compostable Materials

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Grover Landscape Services, Inc., for hauling and processing of compostable material from the City's transfer station, increasing the amount by $4,400,000 for an amount not to exceed $7,964,600 for the period August 1, 2000 to July 31, 2010.

Financial Implications: Various Funds - $4,400,000

Contact: Claudette Ford, Public Works, 981-6300

20. Remarks By Mayor Bates On Goals And Opportunities For 2007 (PDF, 78 KB)

From: Mayor Bates

Recommendation: That 30 minutes be set aside for the Mayor to make comments on the challenges and opportunities facing the City at the Council work session on February 13, 2007.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

21. Invitation to the Bay Area Air Quality Management District (PDF, 15 KB)

From: Councilmember Maio

Recommendation: Invite the Bay Area Air Quality Management District to present the findings of the most recent study regarding diesel particulate impacts and port expansion to the Council.

Financial Implications: None

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

22. Budget Surplus Allocation for ASUC Welcome Week (PDF, 17 KB)

From: Councilmember Wozniak

Recommendation: That the City Council approve a grant of  $1,000 to be funded from Councilmember Wozniak’s surplus non-personnel budget to the Associated Students of the University of California (ASUC) to help fund select Welcome Week activities.

Financial Implications: District 8 Office Fund - $1,000

Contact: Gordon Wozniak, Councilmember, District 8 - 981-7180

23. Filling Two HWCAC Vacancies Among the Elected Representatives of the Poor (PDF, 77 KB)

From: Human Welfare and Community Action Commission

Recommendation: Adopt a Resolution confirming the appointments of Ms. Jell Messing (District 2) and Ruby Holder (District 2) as elected representatives of the poor on the Human Welfare Community Action Commission (HWCAC), having been selected by the remaining elected representatives of the poor at the HWCAC on November 15, 2006.

Financial Implications: None

Contact: Angellique De Coud, Secretary, Human Welfare and Community Action Commission, 981-5400

Action Calendar – Old Business

24. Prohibition of City Memberships in Organizations Participating in Electoral Politics (held over from December 12, 2006)

From: Councilmember Spring

Recommendation: Request the City Manager draft a policy that will prohibit City memberships in organizations that participate in electorial politics such as the Berkeley Chamber of Commerce.

Financial Implications: See report

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

25. Term Limits for Commissioners (held over from December 12, 2006)

From:  Councilmembers Capitelli and Olds (December 12, 2006) and Supplemental Report from Councilmember Capitelli (January 16, 2007)

Recommendation:Request that the City Manager direct the City Attorney to draft language amending section 3.02 of the Berkeley Municipal Code to: 1. Amend the language of Section 3.02.040 to insure that commissioners who have served for eight cumulative years on a board or commission take a two-year leave before being reappointed; and 2. Limit commissioner service to one board or commission at any given time.

Financial Implications: None

Contact: Laurie Capitelli, Councilmember, District 5, 981-7150; Betty Olds, Councilmember, District 6, 981-7160

26. University of California’s Southeast Campus Integrated Project (held over from December 12, 2006)

From: Councilmember Capitelli

Recommendation: Request the City Manager present a brief update at the January 16, 2007 meeting about the public information efforts regarding the City’s response to the University of California’s Southeast Campus Integrated Project.

Financial Implications: None

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

Action Calendar – New Business

27. Mobile Disaster Fire Protection System

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 Chief, 981-5500

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

From: City Manager

Recommendation: Adopt first 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, 981-5400

29. Panoramic Hill Planning (PDF, 937 KB)

From:  Councilmember Wozniak

Recommendation: Refer an amendment to the mid-year FY 2007 budget update to add $5,000 to initiate the first phase of a $50,000 effort for the Panoramic Hill neighborhood. Financial Implications: $5,000

Contact:  Gordon Wozniak, Councilmember, District 8, 981-7180
 

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.