Council Meeting 05/22/2007

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. Sweatshop Free Berkeley Ordinance (Continued from May 8, 2007)

(Information report that was moved to the Action Calendar at the April 30, 2007 Agenda Committee meeting.)

Recommendation: Continue to June 12, 2007 for discussion and direction.

From: City Manager

Contact: Michael Caplan, Office of the City Manager, 981-7000

2. Write-Off of Delinquent Accounts Receivable Owed by the Berkeley Unified School District

From: City Manager

Recommendation: Adopt a Resolution authorizing the write-off of outstanding Sewer fees and Clean Storm Water fees owed by the Berkeley Unified School District (BUSD).

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

3. Extension of the Sewer Service Billing and Collection Agreement with EBMUD

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement with the East Bay Municipal Utility District on behalf of the City to extend the sewer service charge billing and collection agreement for an additional 3-year term, expiring June 30, 2010.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

4. Formal Bid Solicitation 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: See report

Contact: Robert Hicks, Finance Department, 981-7300

5. Contract Amendments: HIV Education and Prevention Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute amendments to the contracts with the Women's Daytime Drop-in Center ($3,000), Pacific Center for Human Growth ($44,000) and Berkeley Public Education Foundation ($26,744) for HIV prevention and education services to increase the contracts' amounts by $73,744 for the total contracts' amounts not to exceed $155,244; and to extend the expiration dates to December 31, 2007.

Financial Implications: State Health Fund - $73,744

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

6. Contract Amendment: Laboratory Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with UNILAB-Quest Diagnostics Laboratory for the provision of laboratory testing services to increase the amount by $165,500 for a total contract amount not to exceed $190,000, and to extend the expiration date to September 30, 2007.

Financial Implications: See report

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

7. Grant Application: Shelter Plus Care

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the U.S. Department of Housing and Urban Development in the amount of $456,960 for a five-year contract to provide sponsor-based rental assistance through the Shelter Plus Care Program, and execute any resultant agreements.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

8. Subdivision and Lease: Ursula Sherman Village

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to consider an application to subdivide the City-owned property currently under lease to Building Opportunities for Self-Sufficiency and prepare lease agreements for the two new parcels to allow for the financing, development, and continued operation of emergency and transitional housing on-site.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

9. Amended and Restated Lease and Settlement Agreement with Boykin

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute the Amended and Restated Lease ("Amended Lease") and related Settlement Agreement with Boykin Berkeley LLC ("Boykin"), the owner of the Doubletree Hotel ("Hotel") located at the Berkeley Marina for a term effective from August 7, 2004 through December 31, 2058.

Financial Implications: See report

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

10. Contract: Environmental Monitoring Services for the Gilman Construction Project

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Fugro West, Inc. for environmental monitoring services at the Gilman construction project site in an amount not to exceed $38,000, which includes a ten percent contingency for the period of June 1, 2007 through December 31, 2007.

Financial Implications: See report

Contact: William Rogers, Parks Recreation and Waterfront, 981-6700

11. Real Property Acquisition - West Berkeley Industrial Park and Savo Island Redevelopment Plans

From: City Manager

Recommendation: Adopt first reading of Ordinances

1) Adopting a description of the program for the acquisition of real property for the Redevelopment Plan for the West Berkeley Redevelopment Project Area, and related actions

2) Adopting a description of the program for the acquisition of real property for the redevelopment plan for the Savo Island Redevelopment Project Area.

Financial Implications: None

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

12. Contract Amendment: Recycling Assistance for Berkeley Schools

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6836 with Marcy Greenhut to provide technical assistance to Berkeley schools for recycling and waste reduction, increasing the amount by $11,000 for a total amount not to exceed $35,000, for the period October 18, 2005 to October 30, 2007.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

13. Contract Amendment: Citywide Elevator Maintenance

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment for citywide elevator maintenance with ThyssenKrupp Elevator Corporation, Contract No. 6858, approved by Resolution No. 62,026-N.S., and increasing the amount to a total not to exceed $244,000 for the period May 13, 2003 to June 30, 2008.

Financial Implications: Building Maintenance Fund - $51,000

Contact: Claudette Ford, Public Works, 981-6300

14. 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 phase one of architectural and engineering services for the seismic retrofit of the Facilities Maintenance Building at the Corporation Yard.

Financial Implications: FEMA PDM Grant Fund - $128,640

Contact: Claudette Ford, Public Works, 981-6300

15. Final Tract Map 7547: 2616-2020 Telegraph Avenue

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7547, a twenty-unit residential and commercial condominium located at 2616 Telegraph Avenue.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

16. Grant: Local Support for Federal Congestion Mitigation and Air Quality Improvement

From: City Manager

Recommendation: Reaffirm Resolution 63,595–N.S., authorizing the City Manager to execute and file an application for funding under the Surface Transportation Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) of SAFETEA for Travel Choice – Berkeley.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

17. Audit: Fire-Overtime and Lost Time

From: Auditor

Recommendation: That Council request the City Manager to implement the recommendations in the report, and to report back by September 2007, and every six months thereafter, until all recommendations are implemented.

Financial Implications: None

Contact: Ann-Marie Hogan, City Auditor, 981-6750

18. Audit: Fire-Ambulance Billing

From: Auditor

Recommendation:

Financial Implications: None

Contact: Ann-Marie Hogan, City Auditor, 981-6750

Council Consent Items

19. Appointment of the Berkeley Housing Authority (BHA) Board of Commissioners (PDF, 944 KB)

From: Mayor Bates

Recommendation: That the City Council confirm the Mayor’s appointment of the following individuals to the Berkeley Housing Authority Board: Carole Norris: Chair, 4 year term; Marjorie Cox: 4 year term; Dorothy Hunt: Incumbent BHA tenant commissioner, 2 year term; Melissa Male: 3 year term; Michael McBride: 1 year term; Adolph Moody: Incumbent BHA tenant commissioner, 2 year term and José Moreno: 2 year term.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

20. Reaffirm Berkeley as a City of Refuge (PDF, 90 KB)

From: Mayor Bates

Recommendation: Adopt a Resolution reaffirming Berkeley as a City of Refuge

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

21. Berkeley Boosters Intern (PDF, 944 KB)

From: Councilmembers Moore and Worthington

Recommendation: Refer to the budget review process a recommendation to fund a one-time expense for a summer intern for Berkeley Boosters at the level of $3,000.

Financial Implications: General Fund - $3,000

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

22. Budget Referral: Dorothy Day’s Food Program/Trinity Church Breakfast (PDF, 32 KB)

From: Councilmember Moore

Recommendation: That the Berkeley City Council refers $8,000 to the FY2008-2009 budget process for Dorothy Day’s Food Program/Trinity Church Breakfast.

Financial Implications: General Fund - $8,000

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

23. Support for H.R. 2015, Employment Non-Discrimination Act of 2007 (PDF, 33 KB)

From: Councilmember Moore

Recommendation: That the City Manager send a letter of support to our U.S. Senate Representatives, Senators Barbara Boxer and Dianne Feinstein as well as President George W. Bush, for H.R. 2015, Employment Non-Discrimination Act of 2007.

Financial Implications: None

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

24. Budget Referral: Housing And Services For Severely Disabled Children In West Berkeley (PDF, 21 KB)

From: Councilmembers Spring and Moore

Recommendation: That the Council fund the housing and services for severely disabled children in West Berkeley by $15,000 as recommended by the Human Welfare Commission.

Financial Implications: General Fund - $15,000

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

25. City Refuge Ordinance to to Prevent Co-operation with Immigration Raids (PDF, 31 KB)

From: Councilmembers Spring and Worthington

Recommendation: That the Council passed the attached resolution that requests the City Manager to instruct staff to not participate the immigration raids in any manner.

Financial Implications: See report

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

26. Support of Fair Labor Practices (PDF, 10 KB)

From: Councilmember Spring

Recommendation: That the Council approve a resolution requesting that the new Trader Joe's be added to the other Berkeley businesses such as the new Berkeley Bowl

· Supporting a strong commitment to fair labor practices such as the hiring of community members for jobs with fair labor standards

· Refer to the Labor Commission and City Manager a renewed request for collaboration with community members and union members to create an ordinance that will encourage fair labor standards and practices in Berkeley and beyond.

Financial Implications: See report

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

27. Supporting SB 1019: Public Hearing Process In Citizen Police Review Proceedings (PDF, 248 KB)

From: Councilmember Capitelli

Recommendation: Request the City Manger send a letter to our State Senator, Don Perata, and to Senator Gloria Ramirez, expressing support for SB 1019, proposed legislation that would allow civilian review boards and oversight agencies that operate outside of a police department to hold public hearings regarding complaints about police misconduct.

Financial Implications: See report

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

28. Panoramic Hill Emergency Access Route Feasibility Study (PDF, 17 KB)

From: Councilmember Wozniak

Recommendation: That the City Council refer to the budget process $25,000 to match funds requested by the Panoramic Hill Association from the Chancellor's Community Partnership Fund to determine the best location for an emergency access road in the Panoramic Hill area.

Financial Implications: $25,000

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

29. Public Safety Initiative (PDF, 17 KB)

From: Councilmember Wozniak

Recommendation: Refer to the biennial budget review process a recommendation to increase the budget for staffing in the Police Department by 1) $1 million in FY07/08 and 2) an additional $1 million in FY08/09.

Financial Implications: See report

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

Action Calendar – Appeals

Please be advised that the Mayor will allow up to five minutes for both the applicant and appellant to make any relevant comments to the Council prior to their deliberation and determination to do one of the following 1) affirm the decision of the Zoning Adjustments Board and dismiss the appeal; 2) refer the matter back to the Zoning Adjustments Board; or 3) set the matter for public hearing at a future date. No additional public comment will be entertained.

30. ZAB Appeal: 2721 Shattuck Avenue (Nextel) (Continued from May 8, 2007)

From: City Manager

Recommendation: Set a public hearing on Use Permit No. 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

Appeal

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

Communications

None

Financial Implications: See report

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

31. ZAB Appeal: 2721 Shattuck Avenue (Verizon) (Continued from May 8, 2007)

From: City Manager

Recommendation: Set a public hearing on Use Permit No. 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

Appeal

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

Communications

1. Paul B. Albritton, Mackenzie & Albritton, LLP

2. Felicia Betancourt, et al

3. Eugene Turitz

Financial Implications: See report

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

32. ZAB Appeal: 1885 University Avenue

From: City Manager

Recommendation: Set the item for a public hearing on Monday July 9, 2007, conduct a public hearing, and upon conclusion, adopt a Resolution approving the project as approved by the Zoning Adjustments Board, with modified findings and conditions of approval that will be provided by staff.

Appeal

1. Stephen Wollmer

Communications

Financial Implications: See report

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

Action Calendar – Old Business

34. Public Commons for Everyone Initiative (Continued from May 8, 2007)

a. From: City Manager

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

· Restrict smoking in public areas in commercial zones.

· Install better directional signage to public restrooms.

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

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

· 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

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:

· 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.

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

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

· 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

c. From: Mayor (To be delivered)

Recommendation:

Financial Implications:

Contact: Tom Bates, Mayor, 981-7100

35. Sunshine Ordinance Process (Continued from May 8, 2007)

(Information report that was moved to the Action Calendar at the April 30, 2007 Agenda Committee meeting).

From City Manager

Contact: Manuela Albuquerque, City Attorney, 981-7000

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.

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Please refrain from wearing scented products at public meetings.

District 1 – Linda Maio	District 5 – Laurie Capitelli
District 2 – Darryl Moore	District 6 – Betty Olds
District 3 – Max Anderson	District 7 – Kriss Worthington
District 4 – Dona Spring	District 8 – Gordon Wozniak