Agenda Committee Item #5b
Council Draft Agenda - April 24, 2007

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, april 24, 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, City Clerk, 981-6900.

Preliminary M.3atters

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.

Council Action:  The City Council may take action related to any subject listed on the Agenda.

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.

1.   Lease Agreement: Gilman Street Sports Fields

Recommendation: Adopt second reading of Ordinance 6,978–N.S authorizing the City Manager to execute a lease agreement with the East Bay Regional Park District for the City to occupy the Gilman property to develop, operate, and maintain the Gilman Street Sports Fields for a twenty-five year term.

Financial Implications: See report

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

2.   Second Amendment to the FY 2007 Annual Appropriations Ordinance

From: City Manager

Recommendation: Adopt first reading of an Ordinance 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

3.   Contract:  I-80 Bike Bridge Artwork

From: City Manager

Recommendation: Adopt a Resolution authorizing an amendment to the current contract with artist Scott Donahue for design, development and installation of the monumental sculptures for the I-80 Bike Bridge, increasing the contract amount by $58,762 for a total not to exceed amount of $171,762.

Financial Implications: See report

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

4.   Purchase Orders: Interior Motions - FY07

From: City Manager

Recommendation: Adopt a Resolution ratifying the expenditures with Interior Motions of Emeryville, a supplier of furniture, that exceed the City Manager's authority threshold of $100,000, and authorizing the City Manager to enter into a purchase order in FY07 with Interior Motions, in an amount not to exceed $200,000.

Financial Implications: None

Contact: Robert Hicks, Finance, 981-7300

5.   Formal Bid Solicitations and Request for Proposals

From: City Manager

Recommendation: Approve the attached new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.

Financial Implications: General Fund - $200,000

Contact: Robert Hicks, Finance, 981-7300

6.   Menlo Hotel Request for Waiver of Living Wage Ordinance

From: City Manager

Recommendation: Adopt a Resolution approving a waiver of Berkeley Municipal Code Section 13.27.050 for the purpose of executing a contract and any amendments with the Menlo Hotel for the provision of mental health supportive housing through June 30, 2008.

Financial Implications: None

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

7.   Contract Amendment: Consumer-Based Mental Health Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6934 with Peers Envisioning and Engaging in Recovery Services for the provision of peer and consumer-based mental health services to increase the amount by $36,000 for a total contract amount not to exceed $139,793, and to extend the expiration date to June 30, 2008; and authorizing an advance payment to the contractor in the amount of $7,200.

Financial Implications: See report

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

8.   Berkeley Schools Mental Health Partnership (Continued from March 20, 2007)

From: City Manager

Recommendation: Adopt a Resolution supporting the Berkeley Schools Mental Health Strategic Plan, and authorizing the City Manager to execute an Inter-agency Agreement and any amendments with the Berkeley Unified School District for the joint planning and provision of mental health services in the Berkeley public schools for the period May 1, 2007 through April 30, 2012.

Financial Implications: None

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

9.   Contract Amendment: Prescription Psychiatric Medications

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with United Pharmacy for the provision of prescription psychiatric medications to increase the amount by $270,000 for a total contract amount not to exceed $546,000,and to extend the expiration date to June 30, 2008.

Financial Implications: State Realignment Fund - $270,000

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

10. Contract: Shelter Plus Care

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a renewal contract with the County of Alameda for Shelter Plus Care funds in the amount of $218,580, to provide tenant-based rental assistance for people living with HIV/AIDS for the 12-month period of March 1, 2007 through February 29, 2008.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

11. Supplemental Military Leave Compensation Policy

From: City Manager

Recommendation: Amend Resolution No. 63,291-N.S. to extend the City's supplemental military leave compensation benefit to May 31, 2008 to provide additional wages to supplement an employee's military pay and allowances for a period not to exceed two years that must be taken within 36 months.

Financial Implications: Various Funds - $90,000

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

12. Application: Summer Food Service and After School Snack Programs

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the California State Department of Education for the Summer Food Service and After School Snack Programs, and to execute any resultant agreement and amendments, for the period June 1 2007 to May 31, 2008.

Financial Implications: See report

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

13. Amendment to the Zoning Ordinance (ZA 2-07): Technical Amendments related to Residential Additions

From: City Manager

Recommendation: Adopt first reading of an Ordinance 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

14. Replacement Members: Joint LPC-DAPAC Subcommittee for Historical Resources Association

From: City Manager

Recommendation: Adopt a Resolution appointing two replacement members, Jim Novosel  and Jesse Arreguin, to the Downtown Area Plan Advisory Committee's (DAPAC) joint subcommittee on historic resources with the Landmarks Preservation Commission (LPC), as recommended by the DAPAC. Council approval is required pursuant to the City of Berkeley Commissioner's Manual because the joint subcommittee is composed of members already appointed to the LPC and the DAPAC for the purpose of recommending guidelines for an assessment of downtown historical resources.  The proposed joint subcommittee would exist no longer than the DAPAC (November 2007) and would be disbanded after it completes its assigned tasks.

Financial Implications: See report

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

15. Purchase Order:  Police Service Weapons

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Purchase Order with All State Police Equipment Company in an amount not to exceed $100,811.25 to purchase two hundred and twenty-five police service weapons.

Financial Implications: Asset Seizure Fund - $100,811

Contact: Douglas N. Hambleton, Police, 981-5900

16. Increase Purchase Order for Alameda County AWS Computer Access

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to 1) increase Purchase Order No. 61984 to Alameda County for Automated Warrant System (AWS) by $21,000 for a total amount not to exceed $71,000 for access to county computerized warrant records systems; and 2) continue annual Purchase Order in an amount not to exceed $111,000 to continue access to the county computerized warrants records systems for a total of three years from FY2007 to FY 2010.

Financial Implications: See report

Contact: Douglas N. Hambleton, Police, 981-5900

17. Increase Purchase Order for Evidence Testing

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2007 Purchase Order No. 61819 to Alameda County Criminalist Laboratory by $21,000 for evidence testing and analysis services provided in FY 2007 as expenditures exceed the $25,000.00 purchase limit currently authorized.

Financial Implications: See report

Contact: Douglas N. Hambleton, Police, 981-5900

18. Grant: 2007-08 Office of Traffic Safety Grant

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept the California Seat Belt Compliance Campaign Grant, Project Number CT070108, from the Traffic Safety Center (TSC) at the University of California, Berkeley in the amount of $10,000 to fund increased level of seat belt usage enforcement.

Financial Implications: See report

Contact: Douglas N. Hambleton, Police, 981-5900

19. Purchase Order: Vehicle Storage

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2007 Purchase Order No. 61818 by the amount of $33,972.50 for a total of $63,972.50 for vehicle storage services provided by Hustead's Inc. that exceed the $30,000.00 purchase limit authorized by Resolution No. 63,564-N.S.

Financial Implications: See report

Contact: Douglas N. Hambleton, Police, 981-5900

20. Grant 2006 Edward J. Byrne Memorial Justice Assistance Grant (JAG)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept $52,382 in Federal funds from the 2006 Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program to be used for funding overtime costs associated with violence suppression patrols related to serious violent crimes for a period of approximately 24 months.

Financial Implications: See report

Contact: Douglas N. Hambleton, Police, 981-5900

21. Contract Extension: Berkeley Gateway Transportation Management Association

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Berkeley Gateway Transportation Management Association (TMA) for the West Berkeley shuttle service, extending the contract from May 1, 2007 to May 1, 2008, and increasing the total not to exceed amount to $41,200 for the West Berkeley shuttle service.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

22. Grant: Federal Highway Administration Value Pricing Pilot Program

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the U.S. Department of Transportation Federal Highway Administration Value Pricing Pilot Program for  funds in an amount not to exceed $1,500,000 for the Downtown Berkeley Parking Management  Program, and to accept the grant and execute any resultant  agreements and amendments.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

23. Contract: Architectural and Engineering Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Ratcliff Architects, to provide architectural and engineering services for the seismic retrofit of the Facilities Maintenance Building at the Corporation Yard, in an amount not to exceed $484,000 for all services and reimbursable expenses for the period May 1, 2007 through December 31, 2009.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

24. Grant:  Residential Food Scrap Collection Program

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept a grant and execute the resulting agreement with the Alameda County Waste Management Authority (ACWMA) in the amount of $120,000 in FY 2007 and $66,240 in FY 2008 for a total of $186,240.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

25. Purchase Order: Temporary Employment Agency

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase purchase order 65143 with Management Recruiters/Berkeley to pay for a temporary Parking Services Specialist for a total amount not to exceed $32,000 for the period of February 13, 2007 through June 30, 2007.

Financial Implications: Off-Street Parking Funds - $32,000

Contact: Claudette Ford. Public Works, 981-6300

26. Agreement: Caltrans Contribution for Radio Tower Pond Culvert and West Frontage Road Repair

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to accept the Contribution Agreement from Caltrans in the amount of $234,000 and authorize matching City funds of $126,000 to construct a new culvert from the Radio Tower Pond (RTP) to Potter Creek Culvert, repair the West Frontage Road sinkhole near Ashby Avenue, and bypass the deteriorating existing tidal tube from the Radio Tower Pond to the San Francisco Bay.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

27. Final Map of Tract 7796:  2628 Shattuck Avenue

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7796, a sixteen-unit residential and commercial condominium located at 2628 Shattuck Avenue.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

28. Contract:  Tire Repair Service

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a five-year contract and any amendments to J & O's Commercial Tire Centers of Oakland, California, for tire repair service for equipment and vehicles in an amount not to exceed $250,000 for the period July 1, 2007 to June 30, 2012.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

29. Supporting SB 122 - Legislation to Add Homeless Status to Hate Crime Law (PDF, 8 KB)

From: Homeless Commission

Recommendation: Adopt a Resolution supporting SB 122 and other current and future legislation that increases penalties, fines and/or sentencing for crimes committed against a homeless person.

Financial Implications: None

Contact: Jennifer Vasquez, Commission Secretary, 981-5431

30. Appointment to Mental Health Commission (PDF, 8 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution appointing Nadine Dixon to the Mental Health Commission, as a representative of the Special Public Interest Category, for a three-year term beginning April 25, 2007 and ending April 24, 2010.

Financial Implications: None

Contact: Carol Patterson, Commission Secretary, 981-5217

31. Contract: Mental Health Services (PDF, 8 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution authorizing the City Manager to execute a performance contract and any amendments with the State of California Department of Mental Health for the provision of mental health services in accordance with California Welfare and Institutions Code Section 5650 for FY 2007.

Financial Implications: None

Contact: Carol Patterson, Commission Secretary, 981-5217

32. Leave of Absence Request for Robin Williams (PDF, 8 KB)

From: Mental Health Commission

Recommendation: Adopt a Resolution granting Robin Williams a leave of absence from the Mental Health Commission for the period April 25, 2007 through June 30, 2007.

Financial Implications: None

Contact: Carol Patterson, Commission Secretary, 981-5217

33. Conscientious Objectors and War Resisters' Day (PDF, 9 KB)

From: Peace and Justice Commission

Recommendation: Adopt a Resolution declaring that May 15th of each year be publicly designated and recognized as the day on which Berkeley acknowledges, honors, and celebrates conscientious objectors and war resisters, civilian and military, past, present, and future.

Financial Implications: None

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

Council Consent Items

34. Fee Waiver: Shotgun Players 11th Annual Free Theater in the Park Series (PDF, 7 KB)

From: Mayor Bates

Recommendation: That the City Council adopt a resolution adding the Shotgun Players Annual Free Theater in the Park Series to the list of approved Festivals and Special Events budget items and waiving the permit fees for this summer's use of John Hinkel Park for 17 dates beginning on July 21 through September 9 for the Shotgun Players 11th Annual Free Theater in the Park series.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7000

35. Compostable Bag Ordinance Referral: Zero Waste Commission (PDF, 6 KB)

From: Mayor Bates

Recommendation: That the City Council refer San Francisco's new ordinance requiring compostable, recyclable paper or reusable bags to the Zero Waste Commission for analysis and recommendations for a possible City of Berkeley ordinance.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

36. Measure G Process Recommendations (PDF, 8 KB)

From: Mayor Bates

Recommendation: That the City Council:

1.      Adopt a framework for community and commission engagement in the development of the Measure G greenhouse gas reduction plan, including input from relevant commissions, community engagement, a kick off event in May, and an interim report to the City Council; and

2.       Request the City Manager report back to the Council as part of the budget process how to coordinate City and community efforts regarding the implementation of Measure G over the duration of the biennial budget.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

37. Opposition to Battery Cage Confinement of Laying Hens (PDF, 8 KB)

From: Councilmember Spring

Recommendation: That the Council join other U.S. cities and countries in passing the attached resolution in opposition to the cruel treatment of egg-laying hens confined in battery cages.

Financial Implications: None

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

38. Presentation from Fire Department (PDF, 6 KB)

From: Councilmember Olds

Recommendation: Request that the Fire Department give a 5 minute presentation to the City Council on the plans for the maintenance and re-use of the obsolete Fire Station  #7 .

Financial Implications: None

Contact: Betty Olds, Councilmember, District 6, 981-7160

39. Housing Trust Fund Allocation (PDF, 9 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council refer one million dollars to the Budget process to be considered for allocation for the Housing Trust Fund to provide matching funds for affordable housing in Berkeley.

Financial Implications: See report

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

40. City Support for the Aurora Theatre Company (PDF, 8 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council refer the forgiveness and/or delayed payment plan for the Aurora Theater Loan to the budget process.

Financial Implications: See report

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

41. Support the California Universal Healthcare Act (SB840 and SB1014) (PDF, 6 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council support Senate Bills 840 (California Universal Healthcare Act) and 1014 (Taxation: Single Payer Healthcare Coverage), which will provide fiscally sound affordable healthcare to all Californians, provide every Californian the right to choose his or her own physician and control health cost inflation.  SB 1014 also proposes to specify a tax dependent on income to be paid to a state trust fund for healthcare.

Financial Implications: None

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

42. Programs at Willard Park Clubhouse (PDF, 9 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council refer to the City Manager to evaluate the feasibility of installing a youth program or other City or non-profit program in the Willard Park Clubhouse.

Financial Implications: See report

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

43. One-Time Budget Referral for Piedmont Avenue Landscape Rehabilitation Plan (PDF, 8 KB)

From: Councilmember Wozniak

Recommendation: That the City Council refer to the budget process $75,000 for design development and construction documents for the next phase of the Piedmont Avenue Landscape Rehabilitation Plan. This project will carry out Frederick Law Olmsted’s historic vision of the gateway to the eastern portion of the UC Berkeley campus.

Financial Implications: General Fund - $75,000

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

 

Action Calendar – Public Hearing

44. CDBG/ESG/HOME/CSBG/GF Community Agency Allocations for FY 2008

From: City Manager

Recommendation: Conduct a public hearing on April 24, 2007 and upon conclusion, adopt a Resolution:

1  Approving proposals for funding under the FY 2008 CDBG, ESG, and HOME Community Housing Development Organization (CHDO) operating expense programs;

2  Authorizing the execution of resultant agreements and amendments for the FY 2008 CDBG, ESG, and HOME CHDO operating expense funds (5% of HOME funds) with conditional two-year contracts for CDBG-funded community agency projects in the Public Services category;

3  Allocating 84% of the FY 2008 HOME funds in the Housing Trust Fund and 11% for HOME program administration; and

4  Authorizing the City Manager to submit the Third-Year Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) which includes the applications for CDBG, ESG, and HOME funding and all resulting agreements with HUD to accept the funds.

Financial Implications: See report.

Contact: Stephen Barton, Housing, 981-5400


Action Calendar – New Business

45. Crisis Intervention Training for Police Officers (PDF, 8 KB)

a. From: Mental Health Commission

Recommendation: Authorize a FY 2008 General Fund allocation in the amount of $85,000 to provide eight hours of Crisis Intervention Training for every Berkeley Police Officer.

Financial Implications: General Fund - $85,000

Contact: Carol Patterson, Commission Secretary, 981-5217

 b. From City Manager – not submitted

Recommendation:

Financial Implications:

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

 

Information Reports

46. Summary Of Activities For 2006 And Work Plan For 2007 (PDF, KB)

From: Fair Campaign Practices Commission

Contact: Manuela Albuquerque, City Attorney, 981-6950

47. Status Update: Instant Runoff Voting for Municipal Elections

From: City Manager

Contact: Pamyla Means, City Clerk, 981-6900

48. Measure G Implementation

From: City Manager

Contact: Phil Kamlarz, City Manager, 981-7000

49. Public Works Grants Audit - Status Report

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

50. Accounts Payable Audit - Status Report

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

51. CEAC Work Program for 2007/2008 (PDF, 84 KB)

From: Community Environmental Advisory Commission

Contact: Nabil Al-Hadithy, Commission Secretary, 981-7460

52. LPC NOD: 2750 Adeline Street

From: City Manager

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

53. Street Sweeping Program Update

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

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

Public Comment – Items Not Listed on the Agenda



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.