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Regular
Meeting eAgenda |
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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:
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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
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
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
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
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.