DRAFT Agenda

Berkeley City Council meeting

TUESDAY, JUNE 12, 2007

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

 

Tom Bates, Mayor

Councilmembers:

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


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

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

 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1.       Presentation: Mayor/Youth Representative

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 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.   Formal Bid Solicitations and Request for Proposals

From: City Manager

Recommendation: Approve the request for proposals (RFP) that will be, or is planned to be, issued upon final approval by the requesting department or division.

Financial Implications: Capital Improvement Fund - $50,000

Contact: Robert Hicks, Finance, 981-7300

2.   Appropriations Limit for FY 2008

From: City Manager

Recommendation: Adopt a Resolution providing notice that:

1.      Council will adopt an appropriations limit for FY 2008 at its meeting of June 26, 2007; and

2.      The amount of the limit and the background material used in its calculation will be available for public review by June 11, 2007.

Financial Implications: See report

Contact: Robert Hicks, Finance, 981-7300

3.   Fireman's Fund Heritage-Employee Grant Program

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from Fireman's Fund Heritage-Employee Grant Program in the amount of $44,500 to develop a comprehensive water rescue program for the City of Berkeley.

Financial Implications: See report

Contact: Debra Pryor, Fire, 981-3473

4.   Contracts: Community-Based Mental Health Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute contracts and any amendments with Fred Finch Youth Center for intensive mental health support services to youth in an amount not to exceed $151,260 and YEAH, under the fiscal auspices of the Lutheran Church of the Cross, for transition aged youth services in an amount not to exceed $102,917 for the period June 1, 2007 through June 30, 2008;

Financial Implications: See report

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

5.   Contract Amendment: Berkeley Food and Housing Project

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with the Berkeley Food & Housing Project for operating funding for the Russell Street Residence supportive housing facility, in an amount not to exceed $135,000.

Financial Implications: See report

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

6.   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

7.   Oxford Plaza Project - Amendment to the Housing Trust Fund and DDA Regulatory Agreement

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an Amendment to the Disposition and Development Agreement and Housing Trust Fund Regulatory Agreement that in the event Project-Based Section 8 assistance to the Oxford Plaza Apartments project is terminated for reasons unrelated to any default by the Borrower under Section 8 requirements, the City Council agrees to permit Housing staff and the City Manager to consider, evaluate, and amend the Regulatory Agreement to increase the rent limitations applicable to any twenty percent and thirty percent of Area Median Income Units previously covered by Section 8 assistance, to levels no greater than the limitations applicable to fifty percent of Area Median Income, as necessary for the Oxford Plaza Apartments project to maintain economic feasibility in the reasonable determination by the City.

Financial Implications: See report

Contact: Stephen Barton, Housing, 981-5400

8.   Classification: Revenue Development Officer

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 establish the Classification of Revenue Development Officer with a salary range of $6,395 - 7,730 per month effective June 24, 2007.

Financial Implications: General Fund - $23,875

Contact: David Hodgkins, Human Resources, 981-6800

9.   Contract: Janitorial Services at Five Recreation Centers

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Clean Innovation Corporation for janitorial services for the City's five recreation centers in an amount not to exceed $200,000 for a period of three years, beginning June 1, 2007 and ending June 30, 2010.

Financial Implications: See report

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

10. Zoning Amendments: Telegraph Avenue Permit Streamlining for Economic Assistance

From: City Manager

Recommendation: Adopt a first reading of an Ordinance amending Chapter 23E.56, Telegraph Avenue Commercial District Provisions, to extend the evening by right hours of operation for uses that do not involve sales or service of alcohol; extend the evening hours of operation for businesses that do involve alcohol sales or service; allow quotas to be exceeded with a Use Permit; allow changes of use in existing tenant spaces without discretionary review; decrease the permit level for certain uses from a Use Permit to an AUP; require greater public notification for AUPs; and allow easier conversion of some tenant spaces into larger or smaller commercial units.

Financial Implications: See report

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

11. Contract: Phlebotomist Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Central Medical Laboratory, Inc. to provide phlebotomist services for the Police Department, in an amount not to exceed $10,000 annually for all services and expenses for the term ending June 31, 2010.

Financial Implications: See report

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

12. Increase Purchase Order for Alameda County Medical Center

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to increase Purchase Order No. 61813 to Alameda County Medical Center for sexual assault examinations by $22,000 for a total amount not to exceed $47,000 for FY2008.

Financial Implications: General Fund - $22,000

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

13. Contract:  Gilman Street Overlay Project

From: City Manager

Recommendation: Adopt a Resolution:

1.                  Approving plans and specifications for the Gilman Street Overlay Project, 07-10211-C;

2.                  Accepting the bid of Interstate Grading & Paving, Inc.;

3.                  Authorizing the City Manager to execute a contract in an amount not to exceed $824,615.40.

Financial Implications: Various funds - $824,615

Contact: Claudette Ford, Public Works, 981-6300

14. Contract:  South Berkeley Street Reconstruction Project

From: City Manager

Recommendation: Adopt a Resolution:

1.                  Approving plans and specifications for the South Berkeley Street Reconstruction Project, 07-10198-C;

2.                  Accepting the bid of Gallagher & Burk, Inc.;

3.                  Authorizing the City Manager to execute a contract, in an amount not to exceed $767,585.

Financial Implications: Various funds - $767,585

Contact: Claudette Ford, Public Works, 981-6300

15. Final Tract Map 7581: 2530 Tenth Street

From: City Manager

Recommendation: Adopt a Resolution approving the final map of Tract Map 7581, a seven unit commercial condominium located at 2530 Tenth Street.

Financial Implications: None

Contact: Claudette Ford, Public Works, 981-6300

16. Acquisition of 9th Street Drill Track

From: City Manager

Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute all necessary documents required to purchase the real property known as the 9th Street Drill Track in southwest Berkeley from the Union Pacific Railroad Company for an amount not to exceed $3,008,590.

Financial Implications: Various funds - $3,008,590

Contact: Claudette Ford, Public Works, 981-6300

17. Declaration of Intent - FY 2008 Street Lighting Assessments

From: City Manager

Recommendation: Adopt a Resolution to:

1.                  Approve the Engineer's Report, Street Lighting Assessment District 1982-1, dated April 2007; and

2.                  Set a public hearing for June 26, 2007 for FY 2007 of assessments of Street Lighting Assessment District No. 1982-1.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

18. FY 2008 Transportation Development Act Article 3 Fund Allocation

From: City Manager

Recommendation: Adopt a Resolution:

1.                  Authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission (MTC) for Transportation Development Act (TDA) Article 3 funds in the amount of $30,000 in FY 2008 for the Bicycle/Pedestrian Safety Education program;

2.                  Declaring that the City of Berkeley is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

19. Audit: Fire Department Ambulance Billing (PDF, 152 KB)

From: Auditor

Recommendation: Request the City Manager to report back before September 2008 regarding the implementation status of each of the City Auditor's recommendations in the attached report, and every six months thereafter, until all recommendations have been implemented.

Financial Implications: See report

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

 

Council Consent Items

20. Appointment of Wise Allen to the Berkeley Housing Authority  (BHA) Board of Commissioners (PDF, 90 KB)

From: Mayor Bates

Recommendation: That the City Council confirm the Mayor's appointment of Wise Allen for a two year term to the Berkeley Housing Authority Board of Commissioners.

Financial Implications: None

Contact: Tom Bates, Mayor, 981-7100

21. Ensuring Equal Opportunity Employment Opportunities For People Re-Entering The Workforce After Prison (PDF, 76 KB)

From: Mayor Bates

Recommendation: Request the City Manager to:

1.                  Refer the review of the City of Berkeley's hiring process as it pertains to the consideration of conviction history, including but not limited to the application, the application review process and whether a nexus between a conviction and the vacant position must exist prior to a rejection of an applicant,

2.                  Return to Council with a report and recommendation that ensures equal opportunity employment opportunities for people re-entering the workforce after prison.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

22. United States Food and Farm Bill (PDF, 27 KB)

From: Councilmember Maio

Recommendation: That City Council recommends to our federal representatives a Farm Bill that aligns United States food and farm policy with our public health policy and supports healthful and affordable food.

Financial Implications: None

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

23. City Co-Sponsorship of the 21st Annual Berkeley Juneteenth Festival (PDF, 17 KB)

From: Councilmember Anderson

Recommendation: Adopt a resolution approving co-sponsorship of the 21st Annual Berkeley Juneteenth Festival to be held on Sunday, June 17, 2007.

Financial Implications: None

Contact: Max Anderson, Councilmember, District 3, 981-7130

24. Opposition to Reduction of Transit Funding in the Governor's FY 2008 Budget (PDF, 32 KB)

From: Councilmember Capitelli

Recommendation: That the City Council approve the accompanying resolution opposing Governor Schwarzenegger's proposal to transfer funds earmarked for transit into the General Fund; and that the City Manager direct staff to write letters to the Governor and our state elected officials informing them of our position.

Financial Implications: See report

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

25. Deadline Extension For Condominium Conversion Fee Waiver (PDF, 27 KB)

From: Councilmember Capitelli

Recommendation: Adopt first reading of an amendment to BMC 21.28.065:

1.                  Extending the deadline for complete applications for condominium conversion from July 1, 2007 to December 31, 2007 (21.28.065 A2);

2.                  Delaying the sunset provision of the TIC exception from July 1, 2007 to December 31, 2007 for those applications in process before May 31, 2007 (all other restrictions apply) (21.28.065 A3)

Financial Implications: None

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

26. Budget Surplus Allocation: SAVE the BAY (PDF, 18 KB)

From: Councilmember Olds

Recommendation: That the City Council pass a resolution to approve a grant of $250.00 to be funded from Councilmember Olds' surplus non-personnel budget to Save the Bay for education programs.

Financial Implications: General Fund - $250

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

27. Budget Surplus Allocation: Citizens for East Shore Parks (PDF, 18 KB)

From: Councilmember Olds

Recommendation: That the City Council pass a resolution to approve a grant of $250.00 to be funded from Councilmember Olds’ surplus non-personnel budget to the Citizens for East Shore Parks to help fund the restoration of the Berkeley Meadow.

Financial Implications: General Fund - $250

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

28. Halcyon Commons Rejuvenation Project (PDF, 21 KB)

From: Councilmember Worthington

Recommendation:That the Berkeley City Council accept the gift of the three elements of the Halcyon Commons Rejuvenation Project:

1.                  Archway at north end of the park with the words HALCYON COMMONS and animal cutouts related to park history;

2.                  Bronze-cast sculpture of halcyon bird (a kingfisher associated with peace), which was planned as part of the original park design

3.                  Refurbishment of the south end of the park, including in-fill planting from park palette and placement of boulders and flagstone.

Financial Implications: None

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

29. Residential Preferential Parking Fee (PDF, 16 KB)

From: Councilmember Wozniak

Recommendation: The City Council recommends the City Manager review the City of Berkeley’s Residential Preferential Parking (RPP) fee to ensure that they are adequate to cover the costs of this ongoing program and report back to council  in October 2007 with recommendations for possible fee increases.

Financial Implications: Unknown

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. LPC Appeal: 1300 Martin Luther King Jr. - Maybeck House

From: City Manager

Recommendation: Adopt a Resolution to affirm the decision of the Landmarks Preservation Commission to designate 1300 Martin Luther King Jr. Way, the Maybeck House, a City of Berkeley Landmark, and dismissing the appeal.

Financial Implications: None

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

31. ZAB Appeal: 2629-2635 Ashby Ave - Wright's Garage

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustment Board to approve Use Permit No.  06-10000098 to convert an existing three-unit commercial building (The Wright's Garage Building) into a 4 to 7 unit commercial building; and to change uses to one restaurant, one  exercise/dance study, and up to 5 retail spaces, and dismissing the appeal.

Financial Implications: None

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

 

Action Calendar – Old Business

32. Public Commons for Everyone Initiative  (Continued from May 22, 2007)

a. From: City Manager

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

1.      Restrict smoking in public areas in commercial zones.

2.      Install better directional signage to public restrooms.

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

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

5.      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:

1.      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.

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

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

4.      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 Bates (May 22, 2007)

Recommendation: Request that the City Manager return to the City Council by November 20, 2007 with:

1.      A plan to increase the number of parking meters and the parking meter fees to generate income for PCEI and allied programs;

2.      Support the City Manager’s request for a 6 month FTE and ask that the City Manager draft program plans for diversion, street outreach teams, and community policing with input from the relevant commissions;

3.      Draft language for a no-smoking ordinance in commercial areas and refer to Community Health Commission;

4.      A plan for improving signage and accessible hours for public bathrooms;

5.      Draft language for an ordinance prohibiting public urination and defecation as an infraction and refer to the Police Review Commission;

6.      A plan to adhere and enforce our existing laws pertaining to street behavior (see list in City Manager’s PCEI report of May 8th), and draft language to amend BMC 13.36.015 Lying on Sidewalks and rescind Resolution 61,042-N.S, and refer to the Police Review Commission;

7.      A plan for public seating, economic development and redirecting street donations refer to the Economic Development;

8.      A proposal to expand supportive housing opportunities linking Housing Trust Fund with Mental Health Services Act and other funds and refer to the Housing Advisory Commission; and,

9.      Solicit feedback and proposals from the Mental Health, Homeless, Community Health, Police Review, Housing Advisory, and the Human Welfare and Community Action Commissions and key community stakeholders for consideration by the Council at the November 20th City Council meeting.

Financial Implications: Unknown

Contact: Tom Bates, Mayor, 981-7100

d.     From: Mayor Bates (PDF, 73 KB) (June 12, 2007)

Recommendation: Request that the City Manager include exploration of creating "designated smoking areas", along with drafting language for a no-smoking ordinance in commercial areas.  As defined in the May 22nd PCEI item, this issue will be referred to the Community Health Commission for review and input.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

e.      From: Councilmember Worthington (PDF, 21 KB) (June 12, 2007)

Recommendation:

1.                  Compile information on number of citations issued, prosecuted and convicted on quality of life citations currently happening in Berkeley, as well as adjoining jurisdictions.

2.                  Compile information on estimated cost of District Attorney time, Public Defender time, court time and police time for existing and proposed quality of life citations in Berkeley and nearby jurisdictions.

3.                  Delay consideration of any ordinance banning sitting on the sidewalk for one year until we see the results of a trial period of these other recommendations.

4.                  Delay implementation of urination ordinance (if proposed) until there is an increase in the number of public toilets and increased availability of existing public toilets.

5.                  Implement community involved policing features such as increasing police beat walking and communication with businesses, residents and the whole community and implementation of a dedicated cell phone or page should not be delayed for sixth months.

6.                  Sever recommendation number 6.

Financial Implications: Unknown

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

33. Discussion and Direction from Council: Sunshine Ordinance Process (Continued from May 22, 2007) – New Report

From: City Manager

Contact: Manuela Albuquerque, City Attorney, 981-7000

34. Discussion and Direction: 2008/2009 FY Budget – Including New Referrals

a. From City Manager

Recommendation:

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

b. New Referrals:

1.      Allocating $1 Million to the Housing Trust Fund in Fiscal Year 2008 (PDF, 78 KB)

From: Housing Advisory Commission

Recommendation: Approve allocating $1 million to the Housing Trust Fund in Fiscal Year 2008.

Financial Implications: See report

Contact: Oscar A. Sung, Commission Secretary, 981-5410

2.      Budget Referral - Berkeley Assessment, Screening, Treatment and Referral (Be A STAR) Program (PDF, 75 KB)

From: Mayor Bates

Recommendation: Request that the City Council refer to the 2008-2009 Biennial budget process $50,000 in one-time only funds for development of an implementation plan for Berkeley Assessment, Screening, Treatment and Referral (Be A STAR) program for healthy child development.

Financial Implications: General Fund - $50,000

Contact: Tom Bates, Mayor, 981-7100

3.      Budget Referral: Hypertension Program (PDF, 76 KB)

From: Mayor Bates

Recommendation: Request that the City Council refer to the 2008-2009 biennial budget process $100,000 in one-time only funds for the Hypertension Prevention and Treatment Program delivered through the Public Health division and in partnership with Lifelong Medical  Care, Inc.

Financial Implications: General Fund - $100,000

Contact: Tom Bates, Mayor, 981-7100

4.      Co-Sponsorship of the 9th Annual “Run for Peace” (PDF, 19 KB)

From: Councilmember Maio

Recommendation: That the City of Berkeley:

1.                  Co-Sponsor the 9th Annual “Run That the City of Berkeley (1) Co-Sponsor the 9th Annual "Run for Peace" organized by the United Nations Association-USA, East Bay Chapter to be held in Cesar Chavez Park on Sunday, October 7, 2007;

2.                  Waive all permit fees associated with the 9th annual "Run for Peace";

3.                  Contribute $1,000 toward the organization of the 9th annual "Run for Peace" event.

Financial Implications: See report

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

5.      Budget Referral: Housing Rights, Inc. (PDF, 12 KB)

From: Councilmember Moore

Recommendation: That the Berkeley City Council refers $6,000 to the FY2008-2009 budget process for Housing Rights, Inc. to help fill a gap in services.

Financial Implications: General Fund - $6,000

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

6.      Budget Referral: Berkeley Youth Alternatives' Girls' Twilight Basketball (PDF, 12 KB)

From: Councilmember Moore

Recommendation: That the Berkeley City Council refers $45,000 to the FY2008-2009 budget process to maintain funding for Berkeley Youth Alternatives' Girls' Twilight Basketball.

Financial Implications: General Fund - $45,000

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

7.      Budget Referrals:2008 and 2009 Biennial Budget Process (PDF, 12 KB)

From: Councilmember Anderson

Recommendation: Request the City Manager develop a proposal and cost estimate to restore funding to

1.                  BOSS in the amount of $49,434,

2.                  The South Berkeley Community Church in the amount of $10,000,

3.                  The Berkeley Drop-In Center in the amount of $13,683

4.                  YA/YA California in the amount of $25,000 for FY 2008 and 2009 biennial budget deliberations.

Financial Implications: See report

Contact: Max Anderson, Councilmember, District 3, 981-7130

8.      Budget Referral: Landscaped Traffic Barriers (PDF, 12 KB)

From: Councilmember Spring

Recommendation: Fund the landscaping of permanent traffic calming barriers in the North Shattuck area from the traffic calming budget as determined by the City Manager.

Financial Implications: See report

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

9.      City Sponsorship Of The 33rd Annual Solano Stroll (PDF, 12 KB)

From: Councilmember Capitelli

Recommendation: That the City of Berkeley cosponsor the 2007 Solano Stroll to be held on Solano Avenue on Sunday, September 9, 2007; that the Council

1.                  Give permission for use of the name of the City of Berkeley and the City's logo in media coverage of the Solano Avenue Stroll (this includes print, internet, radio and television media);

2.                  Provide services from Police, Transportation and Public Works departments.

Financial Implications: See report

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

10.  Budget Referral: Sweatshop-Free Ordinance Implementation (PDF, 12 KB)

From: Councilmember Worthington

Recommendation: Refer to the budget review process a recommendation to appropriate $ 35,000 to fund the Sweat free Consortium as well as additional staffing needs of the City of Berkeley Purchasing Department to implement the Sweatshop-Free Ordinance.

Financial Implications: General Fund - $35,000

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

Action Calendar – Council Items

35. Independent Committee to Investigate the Berkeley Housing Authority (PDF, 12 KB)

From: Councilmember Wozniak

Recommendation: The City Council recommend that the Mayor appoint a five member, independent committee

1.                  To thoroughly investigate the many failures of the Berkeley Housing Authority (BHA) as detailed in the City Manager’s May 22, 2007 report;

2.                  To establish how the BHA became a chronic, failed agency;

3.                  To determine the root causes of the staff and management failures:

4.                  To develop corrective action plans to address these root causes;

5.                  To determine why it took years to uncover the numerous and pervasive problems;

6.                  To review the City’s policy of priority and bumping rights for employees who committed fraud, impeded investigations or failed to competently perform their assigned duties;

7.                  Institute a biannual review of all City departments by an outside committee.

Financial Implications: Unknown

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

Public Comment – Items Not Listed on the Agenda

  

Information Reports

36. Status Report: Instant Runoff Voting for Municipal Elections

From: City Manager

Contact: Pamyla Means, City Clerk, 981-6900

37. Investment Report: Quarter Ended March 31, 2007

From: City Manager

Contact: Robert Hicks, Finance, 981-7300

38. The Work Force Report

From: City Manager

Contact: David Hodgkins, Human Resources, 981-6800

39. Unrepresented Temporary Employees

From: City Manager

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

40. Update: Implementation of FUND$ Change Management Audit Recommendations

From: City Manager

Contact: Chris Mead, Information Technology, 981-6500

41. LPC NOD:  2611 Ashby Avenue

From: City Manager

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

42. LPC NOD 2307 Piedmont Avenue

From: City Manager

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

43. Installation of Surveillance Cameras

From: City Manager

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

44. Amendment to Fiscal Year 2007 Audit Plan: Police Asset Forfeiture Account (PDF, 12 KB)

From: Auditor

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

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.