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~~~~~~~~~~~~~~~~~~~~~
SUMMARY
BERKELEY
CITY COUNCIL MEETING
Tuesday,
June 27, 2006
7:00 P.M.
Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location – Sea Shore Motel Lobby, 2637 Main Street, Santa
Monica, CA
Roll Call: 7:15
p.m. All present.
Ceremonial Matters:
1. Proclamation
declaring June 27, 2006 as Cindy Sheehan Day in honor of Cindy Sheehan, a peace
activist.
2. Proclamation
declaring July as Parks and Recreation Month.
City Manager Comments: None.
Public Comment:
35 speakers.
Action: Moved, seconded, carried (Anderson/Maio)
to adopt the Consent Calendar in one motion except as indicated:
1. Abatement of Nonconforming/Substandard Sewer Laterals on
Private Property (PDF, 42 KB) (First reading June 20, 2006 –
Unanimous)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Section 2 of Ordinance No. 6914–N.S., Abatement of
Nonconforming/Substandard Sewer Laterals on Private Property, to change the
effective date from July 1, 2006 to October 1, 2006.
Financial Implications: None
Contact:
Claudette Ford, Public Works, 981-6300
Action: Adopted Ordinance No.6,924–N.S. (PDF, 43 KB) Effective July 27, 2006.
2.
Berkeley Marina Ordinance Revisions and Updates
(PDF, 138 KB) (First reading June 20,
2006– Unanimous)
Recommendation:
Adopt second reading of an Ordinance amendingBerkeley
Municipal Code Chapter 6.20 Sections 010 (Definitions); 040 (Berth rates and
service charges); 080 (Care in berthing vessels); 090 (Registration and
numbering – Furnishing information to the Harbormaster) 100 (Accident reports);
180 (Prohibited Activities); 190 (Cruising vessels used as a residence); 200
(Residential Houseboats); 280 (San Francisco Bay Conservation and Development
Commission Permit); 290 (Notice); 320 (Appeals) and 330 (Charter Vessels).
Financial Implications: None
Contact: Marc
Seleznow, Parks Recreation & Waterfront, 981-6740
Action: Adopted Ordinance No.6,925–N.S.
(PDF, 1 MB) Effective July 27, 2006.
3.
Zoning Ordinance Amendment: Off-street Parking in
Required Yards on Residential Lots (PDF, 79 KB) (First reading June 20, 2006. Noes – Spring, Olds and Worthington)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Berkeley Municipal Code (BMC) Title 23 amending Berkeley
Municipal Code (BMC) Title 23F.04.010 and 23D.12.080.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7400
Action: Held over to the meeting of July 11, 2006.
4.
Tobacco Prevention Policies
(PDF, 59 KB) (First reading June 20, 2006– Unanimous)
From: Community Health Commission
Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code
(BMC) Section 13.62.040 to expand the places free sampling of tobacco and
distribution of tobacco coupons are prohibited to include any place open to the
public and to apply it to anyone engaged in such activities.
Financial Implications: See report
Contact:
Fred Medrano, Health and Human Services, 981-5100
Action: Adopted Ordinance No.6,926–N.S.
(PDF, 54 KB) Effective July 27, 2006.
5.
Minutes for Approval
(PDF, 485 KB)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 20, 2006 (closed), April 25, 2006 (special), May
8, 2006 (closed), May 15, 2006 (closed), May 16, 2006 (special and regular),
and May 23, 2006 (special and regular).
Financial Implications: None
Contact:
Sara T. Cox, City Clerk, 981-6900
Action: Approved
minutes as submitted.
6.
Contract: Downtown Berkeley YMCA
(PDF, 141 KB)
From:
City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with the
Downtown Berkeley YMCA in the amount of $248,310 for fitness center memberships
for City employees for the period July 1, 2006 through June 30, 2007.
Financial Implications: Payroll Deduction Trust Fund - $248,310
Contact: Phil
Kamlarz, City Manager, 981-7000
Action: Adopted
Resolution No.63,363–N.S.
(PDF, 48 KB)
7.
Establishing the Maximum Household Income Level for Exemption
From Local Taxes and Specified Fees at $33,500 (PDF, 145 KB)
From: City Manager
Recommendation Adopt a Resolution establishing the maximum income level for 1-2 person
households in order to qualify for the Very Low Income (VLI) exemption from
local taxes and specified fees at $33,500 effective July1, 2006; and rescinding
Resolution Nos. 59,042-N.S; 55,966-N.S., 57,041-N.S., 55,981‑N.S.,
55,998-N.S.; and 54,765-N.S and all resolutions amendatory.
Financial Implications: See report
Contact: Frances David, Finance, 981-7300
Action: Adopted
Resolution No.63,364–N.S. (PDF, 69 KB)
8.
Formal Bid Solicitations and Request for Proposals
(PDF, 208 KB)
From: City Manager
Recommendation: Approve a request for proposal for towing services that will be, or is
planned to be, issued upon final approval by the Police Department.
Financial Implications: General Fund - $30,000
Contact: Fran David, Finance, 981-7300
Action:
Approved recommendation.
9.
MOU: ABAG/Bay Area Regional GIS Council Servers
(PDF, 353 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a Memorandum of Understanding (MOU)
with the Association of Bay Area Governments (ABAG) to host a pair of public
facing servers to provide Geographical Information Systems (GIS) data from the
nine county bay area region to the public and agencies of the region.
Financial Implications: None
Contact:
Chris Mead, Information Technology, 981-6500
Action: Adopted
Resolution No. 63,365–N.S. (PDF, 42 KB)
10.
Contract: Food Services at Berkeley Tuolumne Camp
(PDF, 123 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute a contract for food services at City of
Berkeley's Tuolumne Camp in an amount not to exceed $1,000,000 for the period June 21, 2006 through June 30 2008,
subject to the City's annual budget appropriation process.
Financial Implications: Playground Camps Fund -
$1,000,000
Contact:
Marc Seleznow, Parks Recreation & Waterfront, 981-6700
Action: Adopted
Resolution No. 63,366–N.S. (PDF, 53 KB)
11.
Contract: Janitorial Services (CF 51-04)
(PDF, 141 KB)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to
execute a contract amendment with Township Building Services, Inc., for
janitorial services at the North, South, and West Berkeley Senior Centers and increasing
the contract amount by $52,000 for a total not to exceed amount of $283,200 for
the term July 1, 2004 to June 30, 2007.
Financial Implications: FY 2007 Building Maintenance Fund - $52,000
Contact: Claudette R. Ford, Public Works, 981-6300
Action: Adopted
Resolution No.63,367–N.S. (PDF, 60 KB) (Abstain – Spring)
12.
Support Assembly Bill 32 - Climate Protection Act of 2006
(PDF, 250 KB)
From: Mayor Bates
Recommendation: Support Assembly Bill 32
(Pavley) - The California Climate Act of 2006 and notify the legislature of the
City’s position.
Financial Implications: None
Contact:
Tom Bates, Mayor, 981-7100
Action:
Approved recommendation.
13.
City Sponsorship of the 32nd Annual Solano Stroll
(PDF, 119 KB)
From: Councilmember Capitelli
Recommendation: That the city co-sponsor the 2006 Solano
Stroll to be held on Solano Avenue on Sunday, September 10, 2006 and that the
Council give permission for use of the name, 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.
Financial Implications: None
Contact:
Laurie Capitelli,
Councilmember, District 5, 981-7150
Action:
Approved recommendation.
14.
Oppose
Senate Bill 1627 – Wireless Telecommunication Facility Bill (PDF, 168 KB)
From: Councilmember Maio
Recommendation: Send a letter of opposition to SB
1627 – Wireless Telecommunication Facilities Bill – to Governor Arnold
Schwarzenegger, Senator Don Perata, and Assembly member Loni Hancock.
Financial Implications: None
Contact: Linda Maio, Councilmember
District 1, 981-7110
Action: Approved recommendation as amended by Councilmember Maio that
Council send a letter opposing Senate Bill 1627 unless the bill is amended to
exclude the City’s ability to consider where antennas can be located in our
local jurisdiction.
15.
Reaffirm
Support for S.809/H.R. 1652 Access to Legal Pharmaceuticals Act to Ensure
Pharmacies Fill All Prescriptions (PDF, 79 KB)
From: Councilmember Worthington
Recommendation: Council reaffirm its support for the access to Legal Pharmaceuticals Act
(“ALPhA”: S.809/H.R. 1652) and urge Senator Diane Feinstein to join the list of
co-sponsors for the Senate Bill.
Financial
Implications: None
Contact: Kriss Worthington,
Councilmember District 7, 981-7170
Action:
Approved recommendation.
16.
Worker
Retention Ordinance
(PDF, 79 KB)
From:
Councilmember Worthington
Recommendation:
Refer to the City Manager the drafting of a worker
retention ordinance for the City of Berkeley.
Financial
Implications: None
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
Action Calendar - Presentation
17.
Presentation to Council by Maddy Oden on the Off-Label Use of
the Drug, Cytotec (PDF, 6 MB)
From: Councilmembers Maio and
Anderson
Contacts: Linda Maio, Councilmember District 1, 981-7110
and Max Anderson, Councilmember District 3, 981-7130
Action: Presentation
made and discussion held. Moved, seconded, carried (Maio/Wozniak; Abstain –
Worthington) to refer to the Community Health Commission and request that the
Health Officer examine the issue and make a recommendation back to Council
regarding the sending of a letter from the Mayor to Alta Bates Hospital.
Action Calendar – Old
Business
18. Update: Review of
U.C. Berkeley Southeast Campus Integrated
Projects Draft Environmental Impact Report
(PDF, 116 KB) (Held over from June 13 and 20, 2006)
From: City Manager
Recommendation: That the City Council give staff input on the University of California’s
May 8, 2006 Draft Environmental Impact Report for the Southeast Campus
Integrated Projects (SCIP) including the California Memorial Stadium Seismic
Corrections, other modifications to the stadium and a new Student Athlete High
Performance Center, the 911 space parking garage below a modified Maxwell
Family Field, and the School of Law/Haas Business school joint building.
Fiscal Implications: See report
Contact:
Dan Marks, Planning and Development, 981-7400
Action: Discussion Held.
19.
Adoption of the FY 2007 Budget
From:
City Manager
a. Adoption of Budget
(PDF, 7 MB)
Recommendation:
Adopt a Resolution
adopting the FY 2007 Budget as contained in the City Manager’s FY 2007 Proposed
Mid-Biennial Budget Update and Revised Work Plan, presented on May 16, 2006 and
as amended by Council;
1.
Authorize the City Manager to provide applicable advances to
selected community agencies receiving City funds in FY 2007, as reflected in
Attachment A, and as amended by Council.
2.
Approve the Telegraph Avenue Plan as reflected in Attachment
B.
3.
Approve a 25-cent per hour increase of parking meter rates
effective January 2007.
4.
Adopt a citywide Traffic Calming Policy as discussed in
Attachment C; and
5.
Adopt the City Manager’s responses as resolution of audit
recommendations detailed in Attachment D.
Financial Implications: See report.
Contact: Tracy Vesely, City Manager, 981-7000
b. Mayor’s FY 2007 Budget Recommendations dated
June 19, 2006 (PDF, 103 KB)
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. Annual
Appropriations Ordinance (PDF, 640 KB)
Recommendation: Adopt first reading of the FY 2007 Annual
Appropriations Ordinance.
Financial Implications: See report
Contact: Tracy Vesely, City Manager, 981-7000.
Action:
Moved, seconded, carried (Spring/Capitelli) to: 1) Adopt Resolution No.
63,368–N.S. (PDF, 10 MB), approving the City Manager’s budget recommendations as contained
in the FY 2007 Proposed Mid-Biennial Budget Update and revised citywide work
plan, presented on May 16, 2006 as amended by the Mayor’s revised budget
recommendation dated June 22, 2006 and authorize the City Manager to provide
applicable advances to selected community agencies receiving City funds in FY
2007 as reflected in a revised Attachment B dated June 27, 2006; 2) Approve the
Telegraph Avenue Plan as presented in Attachment A; 3) Approve a policy to
increase a 25 cent per hour increase to parking meter rates effective January
2007; and 4) Adopt the City Manager’s
responses as resolution of audit recommendations detailed in Attachment
detailed in Attachment D.
The Citywide
Traffic Calming Policy was severed at the request of Councilmember Capitelli
and will return to Council for further consideration at a future date.
Item 19c,
Annual Appropriations Ordinance, was carried over to the meeting of July 11,
2006.
20. FY 2007 Tax Rate:
Library Services Tax (PDF, 150 KB)
From:
City Manager
Recommendation:
Adopt first reading
of an Ordinance setting the FY 2007 tax rate for the Library Services Tax at
$0.1440 (14.40 cents) per square foot for dwelling units, and $0.2180 (21.80
cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: Library Tax Fund - Estimated Collections: $12,580,535.
Contact:
Frances David, Finance, 981-7300
Action: Moved to the Consent Calendar by
Councilmember Maio. Adopted first reading of Ordinance. Second reading scheduled for July 11, 2006.
21.
FY 2007 Tax Rate:
Measure S General Obligation Bonds (Election of 1996)
(PDF, 152 KB)
From:
City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2007 tax rate for the
Measure S General Obligation Bonds (Election of 1996) at 0.035%.
Financial Implications: Measure S Debt Service Fund - Estimated Collections: $3.6 million
Contact: Frances
David, Finance. 981-7300
Action: Moved to the Consent Calendar by
Councilmember Wozniak. Adopted first reading of Ordinance. Second reading scheduled for July 11, 2006.
22.
FY 2007 Tax Rate: Fund
the Maintenance of Parks, City Trees and Landscaping (PDF, 140
KB)
From:
City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2007 tax rate for
funding all improvements for the maintenance of parks, City trees, and
landscaping in the City of Berkeley at $0.1043 (10.43 cents) per square foot.
Financial Implications: Park Tax Fund - Estimated Collections: $7,975,189
Contact: Frances
David, Finance, 981-7300
Action: Moved to the Consent Calendar by
Councilmember Maio. Adopted first reading of Ordinance. Second reading scheduled for July 11, 2006.
23.
FY 2007 Tax Rate:
Disaster Fire Protection (Measure Q) (PDF, 140 KB)
From:
City Manager
Recommendation:
Adopt first reading of
an Ordinance setting the FY 2007 tax rate for the procurement of disaster fire
equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: Estimated Collections: $952,333
Contact: Frances
David, Finance, 981-7300
Action: Moved to the Consent Calendar by
Councilmember Maio. Adopted first reading of Ordinance. Second reading scheduled for July 11, 2006.
24.
FY 2007 Tax Rate: Fund
the Provision of Emergency Medical Services (PDF, 140 KB)
From:
City Manager
Recommendation:
Adopt first reading
of an Ordinance setting the FY 2007 tax rate to fund provision of emergency
medical services to Berkeley residents at $0.0278 (2.78 cents) per square foot
of improvements.
Financial Implications: Estimated Collections: $2,120,827
Contact: Frances
David, Finance, 981-7300
Action: Moved to the Consent Calendar by
Councilmember Maio. Adopted first reading of Ordinance. Second reading scheduled for July 11, 2006.
25.
FY 2007 Tax Rate:
Emergency Services for the Severely Disabled (PDF, 140 KB)
From:
City Manager
Recommendation: Adopt first reading of
an Ordinance setting the FY 2007 tax rate for the provision of emergency
services for the disabled at $0.0104 (1.04 cents) per square foot of
improvements.
Financial Implications: Estimated Collections: $771,244
Contact: Frances David,
Finance, 981-7300
Action: Moved to the Consent Calendar by
Councilmember Maio. Adopted first reading of Ordinance. Second reading scheduled for July 11, 2006.
26.
FY 2007 Tax Rate: Fire
Seismic General Obligation Bonds (Measure G, Series C) and 2002 General
Obligtion Refunding Bonds (PDF, 152 KB)
From: City Manager
Recommendation: Adopt first reading of an
Ordinance setting the FY 2007 tax rate for Fire Seismic General Obligation
Bonds (Measure G, Series C) and 2002 General Obligation Refunding Bonds at
0.0175%.
Financial Implications: Estimated Collections:
$1.8 million
Contact:
Frances David, Finance, 981-7300
Action: Moved to the Consent Calendar by
Councilmember Wozniak. Adopted first reading of Ordinance. Second reading scheduled for July 11, 2006.
27.
Appropriations Limit
for FY 2007 (PDF, 342 KB)
From:
City Manager
Recommendation:
Adopt a Resolution
establishing the appropriations limit at $149,783,257 for FY 2007 pursuant to
Article XIIIB of the Constitution of the State of California based on the
calculations for the appropriations limit.
Financial
Implications: None
Contact: Frances
David, Finance, 981-7300
Action: Moved to the Consent Calendar by
Councilmember Maio. Adopted Resolution No. 63,369–N.S.
(PDF, 191 KB)
28.
Temporary Appropriations FY 2007
(PDF, 139 KB)
From:
City Manager
Recommendation:
Adopt a Resolution
authorizing a temporary appropriation in the sum of $50,000,000 to cover
payroll and other expenses from July 1, 2006, until the effective date of the
FY 2007 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Frances
David, Finance, 981-7300
Action: Moved to the Consent Calendar by
Councilmember Maio. Adopted Resolution No. 63,370–N.S.
(PDF, 55 KB)
29.
Budget Allocation from the Mayor’s Office
(PDF, 121 KB)
From:
Mayor Bates
Recommendation:
Approve the
expenditure of $11,000 in FY06 funds from the Mayor’s Office budget to the
Berkeley Alliance to fund the Berkeley Champions for Kids program and a Project
BUILD summer math tutoring program at King Middle School.
Financial Implications: $11,000 from the Mayor’s FY 2006 office budget (no impact on the general
fund.)
Contact: Tom Bates, Mayor, 981-7100
Action: Moved to the Consent Calendar by
Councilmember Moore. Approved
recommendation.
