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.
BAPAC Alcohol Regulations – Social Host (First reading – January
30, 2007 – Noes – Worthington; Abstain –
Maio, Continued from February 13, 2007)
From: City Manager
Recommendation: Adopt second reading of Ordinance 6,968–N.S
adding new Chapter 13.49 to the Berkeley Municipal Code (Social Host).
Financial Implications: See report
Contact:
Manuela Albuquerque, City Attorney, 981-6950
2.
Lease: 3282 Adeline Street (First reading – February 13, 2007)
From: City Manager
Recommendation: Adopt second
reading of Ordinance 5,971-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
3.
BAPAC Proposals—Follow-up Report on Second Response Ordinance
Amendments
From: City Manager (Continued from February 13, 2007)
Recommendation: 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; Attachment 1-A.)
Financial Implications: See report.
Contact:
Manuela Albuquerque, City Attorney, 981-6950
4.
Contract Amendment: West Berkeley Rail Stop Transit Plaza
Public Art
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
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 - $1,000,000
Contact:
Robert Hicks, Finance, 981-7400
6.
Safety Members' Pension Fund Annual Reports for FY 2001
Through FY 2006
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
7.
Annual Investment Report, Revisions to Investment Policies and
Designation of Investment Authority
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
8.
"Cost Per Copy" Multifunction Copier Program with
MBA of California
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
9.
Eliminate Title Company Retention of One-Third of the Real
Property Transfer Tax Funds for Seismic Retrofit Program
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
10.
Contract Amendment:
Financial Advisory and Technical Services
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
11.
Contract Amendment:
Peer Review Construction Cost Services
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
12.
Contract: Civic Center Park Construction Support Services
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
13.
Contract: Planning
Services - Vivian Kahn
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
14.
Grant: 2006-07
Coordinated Program for Measure B, Regional Bicycle and Pedestrian Program,
Bicycle
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
15.
Access to Berkeley Police Department Information
(PDF, 25 KB)
From: Councilmember Spring
Recommendation: That the City Manager
return 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
16.
Resolution to Eliminate Racial Discrimination (continued from January
30, 2007)
a. 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
b. Information Report from Peace
and Justice Commission (February 27, 2007)
Contact:
Manuel Hector, Jr., Commission Secretary, 981-5110
17.
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
18.
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
19.
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
20.
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
21.
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
22.
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 Calendar – New Business
29.
FY 2007 Second Quarter Budget Workshop and Adoption of Mid
Year Budget Appropriations
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
30.
Evaluation of Telegraph Avenue Improvement Plan
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
31.
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 Department, 981-5500
32.
Zoning Ordinance Amendments: Procedural Changes to Streamline
the Enforcement of Permit Violations
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
33.
Supporting Prosecution of Donald Rumsfeld and Other Government
Officials
a.
From: Peace and Justice Commission (PDF, 76 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
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
34.
License Agreement: Cal Sailing Club
(PDF, 18 KB)
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
35.
Urgent Review Pacific Steel Casting
a. From: Community Environmental
Advisory Commission (PDF, 86 KB)
Recommendation:
1. Approve funds to conduct a
sampling program for lead and other heavy metals deposited on surfaces in the
vicinity of Pacific Steel Casting (PSC) and in areas of north and west
Berkeley;
2. Convene a public hearing by
Council in March 2007 for the purpose of hearing from community members, public
health experts, and others, on the impacts of PSC emissions and other practices
on quality of life, health, enjoyment of property, and potential long-term
health risks for children and other sensitive members of the community;
3. Direct staff to identify City
codes that may be used to motivate and compel an immediate and significant
reduction in polluting practices and reduced emissions of toxic air
contaminants and other polluting substances from Pacific Steel Casting (PSC).
Potential city codes that may be employed toward this goal include, but are not
limited to, the following;
4. Under city authority, require
that PSC use best management practices to achieve significant reduction in
toxic substances and criteria air pollutants in its emissions
Contact:
Nabil Al-Hadithy, Commission Secretary, 981-7400
b. From: City Manager
Recommendation: Approve only items 3 and 4
of the Community Environmental Advisory Commission recommendations on Pacific
Steel Casting.
Financial Implications: See report
Contact:
Dan Marks, Planning and Development, 981-7400
