Agenda Committee Item #4b
Council Draft Agenda - April 30, 2007

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DRAFT AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 8, 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 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.

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.       Contract: NetFile Online Campaign Report Filing and Tracking

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

2.       Minutes for Approval

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

3.      CALReUSE (California Recycle Underutilized Sites) Loans

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

4.       Increase Purchase Order: Pinnacle Printing Services

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

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 - $264,000

Contact: Robert Hicks, Finance, 981-7300

6.      Issuance of General Obligation Refunding Bonds, 2007 Series A and Series B

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

7.      Mobile Disaster Fire Protection System

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

8.     May is Mental Health Month (PDF, 15 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

9.      Shelter Plus Care Program Renewal Grants

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

10.  Grant: Measure B Revenue

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

11.  Contract: Lighting Efficiencies

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

12.   Contract: Occupational Health Services

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

13. Classification: Energy Program Manager

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 specificationand 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

14. Contract: Hazardous and Universal Waste Disposal

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

15. Contract: Construction of Gilman Street Sports Fields

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

16.  Purchase Order: Tire Repair Services

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

17.  Contract: On-Call CCTV Inspection Services

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

18.  Final Tract Map:  2700 San Pablo Avenue

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

19.   Contract:  Refuse Services Rate Study

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

20.  Contract Amendment: On-Call General Surveying Services

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

21.  Contract: Delivery Services for Residential Food Scrap Containers

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

22.  Reappointment of Susan Kupfer to the Board of Library Trustees (PDF, 30 KB)

From: Board of Library Trustees

Recommendation: Adopt a Resolution reappointing 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

Council Consent Items

23.   Teen Recreation Programs (PDF, 50 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

24.   City Car Share Program Evaluation and Expansion (PDF,  40 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 fleet vehicle

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

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

25.   Restore Electricity to Aquatic Park EGRET’s Cabin (PDF,  45 KB)

From: Councilmember Moore

Recommendation: That the Berkeley City Council refers the following to the FY2008-2009 budget process:  A request for  $35,000 to be used to pay for equipment and services related to restoring electricity to the Aquatic Park EGRET’s cabin.

Financial Implications: General Fund - $35,000

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

26.   Sex Reassignment Surgery as Part of Employee Healthcare Benefits (PDF, 820 KB)

From: Councilmember Moore

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

27.   Options’ Recovery Services (PDF, 100 KB)

From: Councilmember Moore

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

28.   Full Youth Employment for YouthWorks Summer 2008 and 2009 (PDF,  740 KB)

From: Councilmember Moore

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

29.  Recommendations by the Disaster and Fire Safety Commission Regarding Seismic Rebate Program and Plan (PDF, 111 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

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

From: Councilmember Worthington

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

31.  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

 

Public Comment – Items Not Listed on the Agenda


Action Calendar - Presentation

32.    Oral Presentation: Plans For Obsolete Fire Station No. 7

From: City Manager

Contact: Debra Pryor, Fire Chief, 981-5500

 

Action Calendar – Appeals

33.   ZAB Appeal: 2721 Shattuck Avenue (Nextel)

a.      From: City Manager

Recommendation: Set a public hearing on May 22, 2007 for Use Permit #04-10000068 for a new wireless telecommunications facility (including six antennas and related equipment) for Nextel Communications at 2721 Shattuck Avenue.

Financial Implications: See Report.

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

b.     Appeal

1.      Corey Alvin (representative for Nextel Communications, applicant/appellant)

c.      Communications

1.  

34.   ZAB Appeal: 2721 Shattuck Avenue (Verizon)

a.      From: City Manager

Recommendation: Set a public hearing on May 22, 2007 for Use Permit #05-10000033 for a new wireless telecommunications facility (including five antennas and related equipment) for Verizon Wireless at 2721 Shattuck Avenue.

Financial Implications: See Report.

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

b.     Appeal

1.      James Singleton (representative for Verizon Wireless, applicant/appellant)

c.      Communications

1.  

 

Action Calendar – Public Hearing

35.  ZAB Appeal: 2701 Shattuck Avenue

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, Adopt a Resolution affirming the decision of the Zoning Adjustment Board to approve Use Permit #04-10000014 to construct a 24-unit, mixed-use project, and dismissing the appeal.

Financial Implications: None

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

36.  Grant: 2006 Citizen's Options for Public Safety (COPS) Grant

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution authorizing the City Manager to accept $205,118 in California Citizen's Options for Public Safety (State COPS) grant funding for fiscal year 2007 for half time Community Services Specialist I, hourly Juvenile Bureau Counselor, hourly Police Aides and miscellaneous small equipment.

Financial Implications: See Attached

Contact: Douglas N. Hambleton, Police 981-5700

 

Action Calendar – Old Business

37.  Adopt CDBG/ESG Funding for Community Agencies

From: City Manager

Recommendation: 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

38.   Amend Resolution 62,857-N.S. Regarding Council Rules of Procedure Pertaining to Submission of Agenda

From: City Manager

Recommendation: Rescind 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

39.  Street Sweeping Program

From: City Manager

Recommendation: Direct the City Manager to

1.      Plan and budget an expansion of the street sweeping program to include the 64 opted-out residential blocks

2.      Notify and solicit responses from the residents of the opted-out blocks of the proposed change

3.      Send out a general press release to solicit public comment on program expansion

4.      Return to Council for a final decision.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

40.  Pacific Steel Casting, 1333 Second Street

From: City Manager

Recommendation: Delay a decision on funding a sampling program and outside counsel review of existing and proposed ordinances until June, when the results of the Health Risk Assessment and peer review are expected to be completed and results reported to the Council.

Financial Implications: See report

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

41.   Disaster and Fire Safety Commission Priorities for 2007 (PDF, 563 KB)

a. From: Disaster and Fire Safety Commission

Recommendation: That the Council continue to support City staff efforts in 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

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:See report

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

42.   Public Commons for Everyone Initiative

a. From: City Manager

Recommendation:

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

Recommendation:

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

Information Reports

43.   Sunshine Ordinance Process

From City Manager

Contact: Manuela Albuquerque, City Attorney, 981-7000

44.  Council Referrals to the Budget Process Summary

From City Manager

Contact: Tracy Veseley, Budget Manager, 981-7000

45.   Sweatshop Free Berkeley Ordinance

From: City Manager

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

46.            Unrepresented Temporary Employees

From: City Manager

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

47.  LPC NOD: 2727 Milvia Street

From: City Manager

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

48.   LPC NOD: 700 University Avenue

From: City Manager

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

49.    Annual Report 2006 (PDF, 82 KB)

From: Mental Health Commission

Contact: Carol Patterson, Commission Secretary, 981-5217

50.  Results of Annual Management Audit (PDF, 6 MB)

From: Mayor

Contact: Tom Bates, Mayor, 981-7100

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.