Action: Moved, seconded,
carried (Moore/Capitelli) to adopt Consent Calendar in one motion except as
indicated:
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
Action: Adopted Ordinance No. 6,921–N.S.
(PDF, 47 KB) Effective July 14, 2006.
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
Action:
Approved minutes as submitted.
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
Action:
Adopted first reading of Ordinance.
Second reading scheduled for June 20, 2006.
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
Action: Adopted Resolution No. 63,324–N.S.
(PDF, 85 KB)
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
Action: Held
over to June 20, 2006 by Mayor Bates.
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
Action: Adopted Resolution No. 63,325–N.S.
(PDF, 432 KB)
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
Action: Approved recommendation.
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
Action: Adopted Resolution No. 63,326–N.S.
(PDF, 75 KB)
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
Action: Adopted Resolution No. 63,327–N.S.
(PDF, 64 KB)
as
amended to authorize the City Manager, 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; and rescinding Resolution No. 57,530–N.S.
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
Action: Adopted first reading of Ordinance. Second reading scheduled for June 20, 2006.
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
Action: Adopted Resolution No. 63,328–N.S.
(PDF, 50 KB)
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
Action: Adopted Resolution No. 63,329–N.S. (PDF,
239 KB)
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
Action: Adopted Resolution No. 63,330–N.S.
(PDF, 67
KB)
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
Action: Approved recommendation.
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
Action: Approved
recommendation as amended to refer to the City Manager to have staff evaluate
the requirement that new and replacement paving for outside parking spaces and
driveways be made of permeable materials, absent extenuating circumstances, and
bring a report back to Council regarding what is available, how it works and
suggestions for implementation.
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
Action: Approved recommendation and referred to the
Agenda Committee to designate a date for the presentation.
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
Action: Adopted
Resolution No. 63,331–N.S. (PDF,
53 KB)
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
Action: Approved
recommendation.
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
Action: Approved proclamation and authorized City
Manager to fly the Rainbow flag for the rest of June.
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: Adopted Resolution No. 63,332–N.S. (PDF,
54 KB)
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
Action: Discussion held.
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
Action:
Moved to Consent by Councilmember Worthington. Approved recommendation.
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
Action: Moved to Consent by Councilmember
Worthington. Approved recommendation.
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
Action: Moved
to Consent by Councilmember Worthington.
Approved recommendation.
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
Action: Moved to Consent by Councilmember Worthington. Approved recommendation.
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
Action: Moved, seconded, carried (Wozniak/Moore;
Abstain–Anderson, Spring, Capitelli) to approve recommendation.
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
