Regular Meeting eAgenda
June 13
, 2006

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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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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 13, 2006

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 Sara T. Cox, 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.

Public Comment:  A total of 30 minutes is scheduled.  Each speaker is limited to a maximum of 3 minutes.

Youth Comments: A total of 15 minutes is scheduled. Each speaker is limited to a maximum of 3 minutes.

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

  

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.   Municipal Code Amendment and Fine Reduction Regarding Bicycles on Sidewalks (PDF, 70 KB) (First reading May 23, 2006 – Unanimous)

From: City Manager

Recommendation: Adopt second reading of an Ordinance amending Section 14.68.370 of the Berkeley Municipal Code (BMC), to reclassify the unlawful riding of a bicycle on a sidewalk from a misdemeanor to an infraction, and direct the City Manager to request the Alameda County Superior Court to lower the base fine for a violation of BMC 14.68.370 from $75 to $10.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

2.   Minutes for Approval (PDF, 468 KB)

From: City Manager

Recommendation: Approve the minutes for the City Council meetings of April 18,  2006 (special and regular) and  April 25, 2006 (closed and regular).

Financial Implications: None

Contact: Sara T. Cox, City Clerk, 981-6900

3.   Rabies Quarantine Regulations (PDF, 166 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance repealing Berkeley Municipal Code Section 10.04.160(D) which states that quarantine regulations do not apply to animals that bite their owner/guardians.

Financial Implications: None

Contact: Phil Kamlarz, City Manager 981 7000

4.   Contract: Artwork for West Berkeley Rail Stop and Transit Plaza (PDF, 173 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with John Wehrle to paint murals, columns, and poems beneath the University Avenue overpass structure at the West Berkeley Train Stop in an amount not to exceed $43,750 for the period June1, 2006 through June 30, 2007.

Financial Implications: Redevelopment Agency Budget - $43,750

Contact: Thomas Myers, Economic Development, 981-7530

5.   Telegraph Property and Business Improvement District Assessment (PDF, 269 KB)

From: City Manager

Recommendation: Adopt a Resolution approving the Annual Assessment Report for the Telegraph Property and Business Improvement District (TBID) for FY 2006, declaring an intention to levy special assessments in the District for FY 2007, and setting a public hearing on the levy of assessments for July 11, 2006.

Financial Implications: See report

Contact: Thomas Myers, Economic Development,  981-7000

6.   Appropriations  Limit for FY 2007 (PDF, 690 KB)

From: City Manager

Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for FY 2007 at its meeting of June 27, 2006; and 2) the amount of the limit and the background material used in its calculation will be available for public review by June 12, 2006.

Financial Implications: See report

Contact: Fran David, Finance 510-981-7300

7.   Formal Bid Solicitations and Request for Proposals (PDF, 220 KB)

From: City Manager

Recommendation: Approve the attached list of new invitations for bids and requests for proposal (RFP) that will be, or are planned to be, issued upon final approval by the requesting department or division.

Financial Implications: See report

Contact: Fran David, Finance, 981-7310

8.   Classification: Harbormaster (PDF, 237 KB)

From: City Manager

Recommendation: Adopt a Resolution amending Resolution No. 61,840-N.S., Classification and Salary Resolution for Public Employees Union Local One, to change the title of Marina Supervisor to Harbormaster to retitle and revise the classification specification of Marina Supervisor effective June 1, 2006. 

Financial Implications: None

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

9.   Waiving Reimbursement for Police Testimony in Civil Action (PDF, 138 KB)

From: City Manager

Recommendation: Adopt a Resolution : 1) authorizing the City Attorney, upon a showing of good cause, to execute stipulations waiving the City’s entitlement to salary reimbursement under Government Code Section 68097.2 for the appearance and testimony of Berkeley Police Officers in civil actions involving the elimination of public nuisance or illegal drug activity; 2) and rescinding  Resolution 57,530–N.S .

Financial Implications: See report

Contact: Douglas  N. Hambleton, Police, 981-5700

10. Construction and Demolition Debris Salvage  and Recycling (PDF, 197 KB)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 19, Buildings and Construction, to add Chapter 19.24, Construction and Demolition (“C&D”) Debris Salvage and Recycling, decreasing the amount of landfilled material from select construction and demolition projects.

Financial Implications: Refuse Fund - Neutral  impact

Contact: Claudette R. Ford, Public Works, 981-6300

11. Tieback Mitigation & Right-of-Way Improvement Fund Revenues (PDF, 108 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) authorizing the City Manager to establish a Tieback Mitigation and Right-of-Way Improvement Fund; 2) accepting payment from C. Overaa & Co., in the amount of $211,500; and 3) establishing a corresponding expense appropriation for the same amount.

Financial Implications: Tieback Mitigation  Fund - $211,500 Revenue

Contact: Claudette R. Ford, Public Works, 981-6300

12. FY 2007 Street Lighting Assessments (PDF, 244 KB)

From: City Manager

Recommendation: Adopt a Resolution: 1) approving the Street Lighting Assessment District 1982-1 Engineer’s Report, dated April 2006; 2) set a public hearing to be held before Council at its June 20, 2006 Council Meeting; and 3) authorize the City Clerk to publish the notice of the public hearing for FY 2007 levy of assessments of Street Lighting Assessment District No. 1982-1.

Financial Implications: See report

Contact: Claudette R. Ford, Public Works, 981-6300

13. Designating May 19, 2006 as “Wayne Dismuke Day” (PDF, 92 KB)

From: Mayor Bates and Councilmembers Moore, Anderson and Worthington

Recommendation: Adopt a resolution commemorating May 19th as “WAYNE DISMUKE DAY” in remembrance of the incredible life spirit of Captain Wayne S. Dismuke

Financial Implications: None

Contacts: Tom Bates, Mayor, 981-7100; Darryl Moore, Councilmember District 2, 981-7120; Max Anderson, Councilmember District 3, 981-7130; and Kriss Worthington, Councilmember District 7, 981-7170

14. Definition of Arts and Crafts (PDF, 135 KB)

From: Councilmembers Maio and Moore

Recommendation: Request that the Civic Arts Commission review and update the definition of "arts and crafts" as referred to in the West Berkeley zoning, which will enable an inventory of such space  to go forward and ensure that the space is protected, as stipulated in the West Berkeley Plan and the zoning.

Financial Implications: None

Contacts: Linda Maio, Councilmember District 1, 981-7110 and Darryl Moore, Councilmember District 2, 981-7120

15. Require that New and Replacement Paving for Outside Parking Spaces and Driveways Be Made of Permeable Materials (PDF, 135 KB)

From: Councilmembers Maio and Capitelli

Recommendation: Refer to the City Manger the request that the City institute the requirement that new and replacement paving for outside parking spaces and driveways be made of permeable materials unless there are extenuating circumstances warranting a different treatment.

Financial Implications: None

Contacts: Linda Maio, Councilmember District 1, 981-7110 and Laurie Capitelli,  Councilmember District 5, 981-7150

16. Schedule a Brief  Presentation to Council on the Off-Label Use of the Drug,  Cytotec (PDF, 193 KB)

From: Councilmembers Maio and Anderson

Recommendation: Schedule a brief (10-minute) presentation by Maddy Oden on the off-label use of the drug, Cytotec.

Financial Implications: None

Contacts: Linda Maio, Councilmember District 1, 981-7110 and Max Anderson, Councilmember District 3, 981-7130

17. Recognizing the Dramatic Philanthropic Divide Between Minority-led Nonprofits and Non-minority-led Nonprofits (PDF, 96 KB)

From: Councilmembers Moore and Anderson

Recommendation: Adopt a Resolution recognizing the dramatic philanthropic divide between minority-led nonprofits and non-minority-led nonprofits.

Financial Implications: None

Contacts: Darryl Moore, Councilmember District 2, 981-7120 and Max Anderson, Councilmember District 3, 981-7130

18. "Quiet" or "Lower Noise" Fireworks for the 4th  of July Celebration (PDF, 93 KB)

From: Councilmember Olds

Recommendation: Refer to the City Manager to investigate the possibility of using what is known as "quieter" or "low noise" fireworks for  Berkeley's July 4th celebration so that the distress caused to domestic animals and wildlife is diminished.

Financial Implications: Unknown

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

19. Proclamation: Designating June as Lesbian, Gay, Bisexual and Transgender Month (PDF, 63 KB)

From: Councilmembers Worthington and Moore

Recommendation: Support a proclamation to honor June as Lesbian Gay Bisexual Transgender and Questioning Pride Month in the City of Berkeley and authorize the City Manager to fly the Rainbow Flag for the rest of June.

Financial Implications: None

Contacts: Kriss Worthington, Councilmember District 7, 981-7170 and Darryl Moore, Councilmember District 2, 981-7120

20. Resolution for  a Positive Revitalization Model in the Wachovia Acquisition of World Savings Bank (PDF, 123 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution for a positive revitalization model  in the Wachovia acquisition of World Savings Bank and join the California Reinvestment  Coalition (CRC) and the Greenlining Institute in resolving to ensure that the Wachovia acquisition of World Savings Bank in Oakland is beneficial to Californians and East Bay low-income and underserved residents.

Financial Implications: None

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

 

Action Calendar – Public Hearing

21. West Berkeley Bowl - 920 Heinz Avenue (PDF, 2 MB)

 

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt a Resolution certifying the EIR and making required CEQA findings; 2) adopt a Resolution amending the General Plan and West Berkeley Plan land use designations for a 1.9-acre portion of the project site; 3) adopt first reading of an Ordinance reclassifying a 1.9-acre portion of the project site from MU-LI District to C-W District, and amending the MU-LI provisions to allow storage spaces to serve contiguous and directly accessible food products stores located outside the MU-LI District; and 4) adopt a Resolution approving a Use Permit for the proposed project.

Financial Implications: See report

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

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.
 

Action Calendar – Budget

22. Fiscal Year 2007 Proposed Mid-Biennial Budget and Work Plan Update (PDF, 2 MB) (To be delivered)

From: City Manager

Recommendation: Discuss the FY 2007 proposed mid-biennial budget update and work plan update.  Council will conduct a public hearing on June 20, 2006 and adopt the FY 2007 budget on June 27, 2006.

Financial Implications: See budget book and report

Contact: Tracy Vesely, City Manager, 981-7000

23. Budget Referral: $10,000 for the Operating Budget for the West Berkeley Neighborhood Development Corporation and Costs Associated with the 2nd Annual International Food Festival (PDF, 105 KB)

From: Councilmembers Moore and Maio

Recommendation: Refer a request for $10,000, $4000 of which is to be used for the operating budget for the West Berkeley Neighborhood Development Corporation and $6000 for costs associated with the 2nd Annual Berkeley International Food Festival.

Financial Implications: $10,000

Contacts: Darryl Moore, Councilmember District 2, 981-7120; and Linda Maio, Councilmember District 1, 981-7110

24. Budget Referral: Fire Department Services (PDF, 85 KB)

From: Councilmembers Olds and Wozniak

Recommendation: Refer to the budget process the restoration of essential funding of $1,000,000 for the restoration of fire services.

Financial Implications: General Fund - $1,000,000

Contacts: Betty Olds, Councilmember District 6, 981-7160 and Gordon Wozniak, Councilmember District 8, 981-7180

25. Budget Referral: Restore Funding for Staffing of the Office of Emergency Services (PDF, 73 KB)

From: Councilmember Spring

Recommendation: Refer to the budget process up to $120,000 to restore funding for staffing of the Office of Emergency Services.

Financial Implications: See report

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

26. Budget Referral: $10,000 for the Center for Accessible Technology (PDF, 45 KB)

From: Councilmember Spring

Recommendation: Refer the request for an additional $10,000 annually starting this fiscal year for the Center for Accessible Technology to the budget process.

Financial Implications: See report

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

27. Budget Referral: Create a Public Safety Commission (PDF, 340 KB)

From: Councilmember Wozniak

Recommendation: Refer to the budget process a recommendation that the City Manager establish a new City Commission focused on reducing crime and improving public safety.

Financial Implications: See report

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

28. Budget Referral:  Sweatfree Berkeley Ordinance  Monitoring and Enforcement (PDF, 75 KB)

From: Councilmembers Worthington and Moore

Recommendation: Refer fifty thousand dollars  ($50,000) to the Budget process to be considered for allocation for the monitoring and enforcement component of the Sweatfree Berkeley ordinance.

Financial Implications: $50,000

Contact: Kriss Worthington, Councilmember District 7, 981-7170; and Darryl Moore, Councilmember District 2, 981-7120

29. Budget Referral:   Sweat-free Berkeley Ordinance 

a.   From: Commission on Labor (PDF, 146 KB)

Recommendation: Refer to the budget process an amount up to $60,000 for FY07 to ensure that any Sweat-free procurement measures undertaken by the City include funding  for compliance and enforcement of those measures.

Financial Implications: $60,000 in FY07

Contact: Delfina Geiken, Secretary, Commission on Labor, 981-7551

b.   From: City Manager (PDF, 139 KB)

Recommendation: Refer to the budget process.

Contact: Thomas Myers, Economic Development, 981-7530

30. Civic Arts Work Plan for FY 2007 and West Berkeley Arts Inventory (PDF, 254 KB)

a.   From: Civic Arts Commission

Recommendation: Adopt a Resolution accepting the Civic Arts Commission Work Plan for FY 2007 and adopt  a Resolution to fund an intern to assist in the inventory of artists, art organizations and  creative businesses in West Berkeley.

Financial Implications: General Fund - $12,000

Contact: Mary Ann Merker, Secretary to the Civic Arts Commission, Economic Development, 981-7530

b.   From: City Manager

Recommendation: Refer to the budget process.

Contact: Thomas Myers, Economic Development, 981-7530

31. Restore Public Art Funds and Restore the Civic Arts Grant Program Funding

a.   From: Civic Arts Commission (PDF, 528 KB)

Recommendation: Direct the City Manager to restore to the annual budget for the Civic Arts Program one FTE  position including salary and  benefits from General Fund revenues, and to restore the Public Art Fund 657 for revenues expended during the current Fiscal Year in excess of 0.5% allowed  under Resolution No. 60,048-N.S. for the management costs for projects; and adopt  a Resolution to restore the  Civic Art Grant Program to $300,000 for FY07.

Financial Implications: See report

Contact: Mary Ann  Merker, Secretary to the Civic Arts Commission, Economic Development, 981-7530

b.   From: City Manager (PDF, 138 KB)

Recommendation: Refer to the budget process.

Contact: Thomas Myers, Economic Development, 981-7530

Action Calendar – Ballot Measures

32. Ballot Measure: Greenhouse Gas Ballot Measure (PDF, 132 KB) (Held over from May 23, 2006)

From: Mayor Bates

Recommendation: Discuss placing an advisory measure on the November ballot to support aggressive efforts to reduce greenhouse gas emissions and actively engage in climate-disaster preparations to address the likely local climate change impacts such as flooding, shortages of potable water, and dramatically increased costs of energy.

Financial Implications: $9,000 to place the item on the ballot

Contact: Tom Bates, Mayor, 981-7100

33. Ballot Measure: A Clean Water Measure to Address Severe Flooding, Sewage Contamination, Creek and Culvert Improvements (PDF, 133 KB)

From: Councilmembers Maio and Moore

Recommendation: Request placement of a measure on the November ballot to address severe flooding, sewage contamination, creek and culvert improvement-A Clean Water measure.