Regular Meeting eSummary
June 26
, 2007

Printer-friendly PDF* summary: (41 KB)

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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summary–minutes

Berkeley City Council meeting

TUESDAY, JUNE 26, 2007

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

 

Preliminary Matters

Roll Call: 7:01 p.m.  All present.

Ceremonial Matters: None.

Public Comment on Consent Calendar Items Only – 1
 

Consent Calendar

Action: M/S/C (Worthington/Moore) to adopt the Consent Calendar in one motion except as indicated:

1.   Acquisition of 9th Street Drill Track (First Reading – June 19, 2007)(PDF, 186 KB)

From: City Manager

Recommendation: Adopt second reading of Ordinance 6,986-N.S. 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

Action: Adopted Ordinance No. 6,986–N.S. (PDF, 93 KB)  Effective date July 30, 2007.

2.   Extension of Voluntary Time Off Program for FY 2008 (PDF, 268 KB)

From: City Manager

Recommendation: Adopt a Resolution designating Voluntary Time Off (VTO) days in FY 2008 and authorizing the City Manager to temporarily close certain City offices and non-essential services for those days.

Financial Implications: See report

Contact: Tracy Vesely, Budget Manager, 981-7000

Action:  Adopted Resolution No. 63,736–N.S. (PDF, 64 kB)

3.   FEMA Assistance to Firefighters Grant Program (PDF, 260 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program in the amount of $127,157 to develop a Rapid Water Rescue Response Program.

Financial Implications: See report

Contact: Debra Pryor, Fire, 981-3473

Action:  Adopted Resolution No. 63,737–N.S. (PDF, 40 KB)

4.   MOU with Bay Area Super Urban Area Security Initiative (PDF, 262 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding with the Bay Area Super Urban Area Security Initiative Citizen Emergency Preparedness Project, transferring up to $18,000 from SUASI to the City of Berkeley for the purchase of six disaster equipment caches for emergency preparedness.

Financial Implications: See report

Contact: Debra Pryor, Fire, 981-3473

Action:  Adopted Resolution No. 63,738–N.S. (PDF, 47 KB)

5.   Contract Amendment: Carpet Cleaning Services (PDF, 244 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6365 with NEX Systems for carpet cleaning at clinic facilities to increase the amount by $2,700 for a total contract amount not to exceed $27,250.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,739–N.S. (PDF, 64 KB)

6.   Extend Contract No 6694A with Eden Council for Hope and Opportunity (PDF, 260 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to extend Contract No.  6694A with Eden Council for Hope and Opportunity to provide homeless prevention grants using FY 2007 carry over funds in an amount not to exceed $88,105 for a one-year term to expire on June 30, 2008.

Financial Implications: See report

Contact: Lisa Caronna, Housing, 981-5400

Action:  Adopted Resolution No. 63,740–N.S. (PDF, 40 KB)

7.   Contract: Email Subscription and Notification System (PDF, 267 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6245 with GovDelivery Inc. (formerly GovDocs), increasing the amount by $20,280 (for a total contract amount not to exceed $60,000) and extending the period to June 30, 2008.

Financial Implications: General Fund - $20,280

Contact: Chris Mead, Information Technology, 981-6500

Action:  Adopted Resolution No. 63,741–N.S. (PDF, 45 KB)

8.   Contract: Telephone Equipment Replacement (PDF, 260 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manger to extend the agreement with Nexus Inc. (Contract No. 6893) for telephone equipment replacement components and related services in an amount of $50,000 per year and for additional equipment for the period July 1, 2007 to June 30, 2008, for a contract amount not to exceed $170,000.

Financial Implications:

Contact: Chris Mead, Information Technology, 981-6500

Action:  Adopted Resolution No. 63,742–N.S. (PDF, 46 KB)

9.   Contract: Computer Network Infrastructure and Security Services (PDF, 261 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to extend the agreement (Contract No. 6480) with Convergent Computing, Inc. for network infrastructure and security services with an annual purchasing limit not to exceed $30,000, for a total amount not to exceed $60,000 for the period July 1, 2007 – June 30, 2009, for a total contract amount not to exceed $80,000.  

Financial Implications: See report

Contact: Chris Mead, Information Technology, 981-6500

Action:  Adopted Resolution No. 63,743–N.S. (PDF, 42 KB)

10. Purchase: Notebook, Desktop, and Server Computers (PDF, 261 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to renew the City's letter of participation with the Western States Contracting Alliance for the purchase of Dell, Inc. computers, software, and related services for the period July 1, 2007 to June 30, 2009, (not to exceed $550,000 per year).

Financial Implications: Various funds - $550,000

Contact: Chris Mead, Information Technology, 981-6500

Action:  Adopted Resolution No. 63,744–N.S. (PDF, 43 KB)

11. Contract: Interactive Voice Response and Web Scheduling System (PDF, 262 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manger to execute a contract and any amendments with Teleworks, Inc. for an interactive voice response (IVR) and web scheduling system, not to exceed $84,000 for the period July 1, 2007 to June 30, 2009.

Financial Implications: Permit Service Center Fund - $84,000

Contact: Chris Mead, Information Technology, 981-6500

Action:  Adopted Resolution No. 63,745–N.S. (PDF, 47 KB)

12. Contract Amendment: Innovative Technologies (To be delivered) (PDF, 186 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Innovative Technologies Inc. increasing the amount by $13,625 to cover additional work on the contract negotiations for the City of Berkeley's new public safety computer system, for a total amount not to exceed $113,625.

Financial Implications: General Fund - $13,625

Contact: Chris Mead, Information Technology, 981-6500

Action:  Removed from agenda.

13. Contract Amendment:  Portable Toilet Rental At City Parks (PDF, 251 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with United Site Services for toilet units in City parks to increase the amount by $60,000 for a total amount not to exceed $240,000 through June 30, 2008.

Financial Implications: Parks Tax Fund - $60,000

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

Action:  Adopted Resolution No. 63,746–N.S. (PDF, 42 KB)

14. Bus Transportation for Summer Programs - Recreation and Berkeley Day Camp (PDF, 206 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with the Berkeley Unified School District for bus transportation for summer recreation and day camp programs in an amount not to exceed $70,000 for a one year period ending June 30, 2008.

Financial Implications: Various funds - $70,000

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

Action:  Adopted Resolution No. 63,747–N.S. (PDF, 50 KB)

15. Bus Transportation for Summer Programs - Echo Lake Camp (PDF, 250 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with the Delta Charter Service, Inc. for bus transportation Echo Lake youth camp participants to increase the amount by $30,000 not to exceed $54,000 for the period ending June 30, 2008.

Financial Implications: Camp Fund - Echo Lake - $50,000

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

Action:  Adopted Resolution No. 63,748–N.S. (PDF, 42 KB)

16. Contract: Janitorial Services at Five Recreation Centers (PDF, 258 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract 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

Action:  Adopted Resolution No. 63,749–N.S. (PDF, 48 KB)

17. Contract Amendment: EIR Services for the Downtown Area Plan - Phase 1B (To be delivered) (PDF, 391 KB)

From: City Manager

Recommendation: Adopt a resolution authorizing the City Manager to execute an amendment to the contract with Lamphier-Gregory to complete Phase 1B services for an Environmental Impact Report (EIR) for the Downtown Area Plan (DAP) for a total amount not to exceed $113,500.

Financial Implications: See report

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

Action:  Adopted Resolution No. 63,750–N.S. (PDF, 66 KB) (Abstain – Spring)

18. Purchase Order:  Parking Enforcement Vehicles (PDF, 259 KB)

From: City Manager

Recommendation: Adopt a Resolution accepting the City of San Francisco bid procedures to satisfy the requirement of Berkeley Charter Section 67, and authorizing the City Manager to execute a purchase order with Municipal Maintenance Equipment for fourteen parking enforcement vehicles in an amount not to exceed $409,650.

Financial Implications: Equipment Replacement Fund - $409,650

Contact: Claudette Ford, Public Works, 981-6300

Action:  Adopted Resolution No. 63,751–N.S. (PDF, 57 KB)

19. Emergency Medical Personal Protective Equipment (PDF, 301 KB)

From: Auditor

Recommendation: Request the City Manager to report back by March 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

Action:  Approved recommendation.

20. Support for the United Nations Convention on Human Rights for Persons with Disabilities (PDF, 259 KB)

From: Commission on Disability

Recommendation: Adopt a Resolution both in support of the United Nations Convention on the Rights of Persons with Disabilities and adoption of the convention as City of Berkeley policy.

Financial Implications: None

Contact: Paul Church, Commission Secretary, 981-6300

Action:  Adopted Resolution No. 63,752–N.S. (PDF, 69 KB)

21. 2008-2009 Community Action Plan Submission (To be delivered) (PDF, 3 MB)

From: Human Welfare and Community Action Commission

Recommendation: Adopt a Resolution authorizing the City Manager to submit the 2008-2009 Community Action Plan to the State Department of Community Services and Development.

Financial Implications: None

Contact: Angellique DeCoud, Commission Secretary, 981-5400

Action:  Adopted Resolution No. 63,753–N.S. (PDF, 40 KB)

 

Council Consent Items

22. Funding for Community Groups (PDF, 185 KB)

From: Councilmembers Spring and Olds

Recommendation: That the City Council refer to the City Manager the annual funding of the community groups Fix Our Ferels and Home At Last for possible adjustment.

Financial Implications:See report

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

Action:  Approved recommendation.

23. Discretionary Budget Allocation: West Berkeley Neighborhood Development Corporation (PDF, 227 KB)

From: Councilmember Worthington

Recommendation: That the Berkeley City Council adopt a Resolution approving the expenditure of $500 to the West Berkeley Neighborhood Development Corporation to support the 2007 Berkeley International Food Festival with funds from Councilmember Worthington's discretionary budget (D-13).

Financial Implications: $500

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

Action:  Adopted Resolution No. 63, 754–N.S. (PDF, 48 KB) as amended with clarification of the municipal public purpose of the discretionary budget allocation.

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.

24. ZAB Appeal: 161 Panoramic Way (PDF, 9 MB)

a. From: City Manager

Recommendation: Adopt a Resolution affirming the Zoning Adjustment Board's decision to approve Use Permit No. 04-10000145 to construct a new single-family dwelling at 161 Panoramic Way, and denying the appeals.

Financial Implications: None

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

b. Appeals

1.      Bruce and Colette Kelley  (PDF, 365 KB)

2.      Regula Muller  (PDF, 283 KB)

3.      Panoramic Hill Association  (PDF, 576 KB)

c. Communications

1.      Bruce and Colette Kelley  (PDF,1 MB)

2.      Bruce and Colette Kelley  (PDF, 1 MB)

3.      Ann Slaby  (PDF, 2 MB)

4.      Blanche L. Sack  (PDF, 672 KB)

Action: M/S/C (Wozniak/Maio) to set for a public hearing on July 17, 2007 (Abstain – Capitelli).

Public Speakers – 5

25. ZAB Appeal: 700 University Avenue (PDF, 11 MB)

            Attachment 4- Part 1 (PDF, 4 MB)

            Attachment 4- Part 2 (PDF, 3 MB)

            Attachment 4- Part 3 (PDF, 2 MB)

            Attachment 4- Part 4 (PDF, 5 MB)

            Attachment 4- Part 5 (PDF, 4 MB)

            Attachment 4- Part 6 (PDF, 6 MB)

From: City Manager

Recommendation: Adopt a Resolution affirming the decisions of the Zoning Adjustments Board to certify the Final EIR and to approve Use Permit No. 04-10000069 to allow the demolition of two restaurant buildings along Fourth Street, the reuse of the Landmark Train Depot as Brennan's Restaurant, and the construction of a mixed-use development at 700 University with 171 dwelling units (31 below-market), 9,995 square feet of new commercial floor area and 213 vehicle parking spaces, and denying the appeal.

Financial Implications: None

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

b. Appeal

1.      Gale Garcia  (PDF, 261 KB)

c. Communications

1.      Gale Garcia  (PDF, 2 MB)

Action: Moved to Consent Calendar and adopted Resolution No. 63,755–N.S. (PDF, 5 MB)

 

Action Calendar – Public Hearing

26. Public Hearing:  FY 2008 Street Light Assessments (PDF, 336 KB)

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution confirming the assessments in the Engineer's Report dated April 2007 and authorize the levying of FY 2008 Assessments for Berkeley Street Lighting Assessment District No. 1982-1.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Capitelli/Worthington) to close the public hearing.

Action: M/S/C (Maio/Worthington) to adopt Resolution No. 63,756–N.S. (PDF, 62 KB)

Public Comments following hearing – 1

RECESS 8:20 P.M. – 8:30 P.M.

 

Action Calendar – Budget

27. Budget Adoption

a. From: City Manager (PDF, 100 KB)

Recommendation: That the City Council adopt a resolution approving the FY 2008 and FY 2009 Biennial Budget through the following actions:

1. Adopt the FY 2008 and FY 2009 Biennial Budget as contained in the City Manager’s FY 2008 and FY 2009 Proposed Biennial Budget and revised citywide work plan, presented on May 8, 2007, and as amended by subsequent Council action.

2. Authorize the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2008 and as amended by Council. 

Financial Implications: See report

Contact: Tracy Vesely, City Manager, 981-7000

b. From: Mayor Bates (June 15, 2007) (PDF, 1 MB)

    Supplemental Report (June 22, 2007) (PDF1.2 MB)

Recommendation: Adopt the City Manager’s FY 2007 Proposed Mid-Biennial update with the revisions contained in the Mayor’s report dated June 19, 2006.

Financial Implications: See report

Contact: Tom Bates, Mayor, 981-7100

c. From: Homeless Advisory Commission Funding Recommendations - FY 2008 (PDF, 274 KB)

Recommendation: Approve the Homeless Commission’s recommendation to allocate funding to agencies as outlined in its April 24, 2007 Council memo (See Attachment A).  Should additional funds be available for homeless services or should any homeless service budget referrals be made, the Commission recommends, as outlined in its April 24, 2007 Council memo, increased funding to five agencies in an amount of $57,334 (See Attachment B) and the prioritization of programs that deliver services that lead to permanent housing and programs that reduce alcohol and drug addiction.

Financial Implications: See report

Contact: Jennifer Vasquez, Commission Secretary, 981-5400

d. Adopt first reading of the FY 2008 Annual Appropriations Ordinance (PDF, 100 KB)

Financial Implications: See report