Agenda Committee Item #5
Council Draft Agenda - June 13, 2006

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Draft 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 (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

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.   Appeal: 3027 Adeline Street – Black and White Liquors

From: City Manager

Recommendation: City Manager report submitting proposed findings on Black and White Liquors, 3027 Adeline Street (nuisance abatement appeal).

Financial Implications: See report

Contact: Manuela Albuquerque, City Attorney, 981-6950

4.   Donation: Raymond Family Foundation to the Animal Care Shelter

From: City Manager

Recommendation: Adopt a Resolution accepting a donation from the Raymond Family Foundation to the Animal Shelter in the sum of $4,000.

Financial Implications: See report

Contact: Phil Kamlarz, City Manager, 981 7000

5.   Rabies Quarantine Regulations

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 10.04.160 by repealing subsection 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

6.   Contract: Artwork for West Berkeley Rail Stop and Transit Plaza

From: City Manager

Recommendation: Adopt a Resolution authorizing a contract and any amendments with John Wehrle to paint  a mural beneath the University Avenue overpass structure  on the east side of Fourth Street and, possibly, a small welcoming mural for the West wall of the train platform, for the  period of June 1, 2006 through June 30, 2007, in an amount not to exceed $43,750 for FY 2006.

Financial Implications: Redevelopment Agency Budget - $43,750

Contact: Thomas Myers, Economic Development, 981-7530

7.   Telegraph Property and Business Improvement District Assessment

From: City Manager

Recommendation: Adopt a Resolution approving the Annual Assessment Report for the Telegraph Property and Business Improvement District 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

8.   Appropriations  Limit for FY 2007

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

9.   Formal Bid Solicitations and Request for Proposals

From: City Manager

Recommendation: Approve the attached request  for proposals (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

10. Contract Amendment: Abatement Services

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Freitas Landscape and Maintenance for 1) abatement services; 2) to increase the contract amount by $10,000 for a total contract not to exceed $62,958; and 3) to extend the period to June 30, 2007.

Financial Implications: General Fund  - $10,000

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

11. Classification: Harbormaster

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 and revise the classification specification effective June 1, 2006.

Financial Implications: None

Contact: David W. Hodgkins, Human Resources,  981-6805

12. Waiving Reimbursement for Police Testimony in Civil Action

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; and 2) rescinding Resolution 57,530–N.S

Financial Implications: See report

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

13. Construction and Demolition Debris Salvage  and Recycling

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 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

14. Contract: Community Conservation Center

From: City Manager

Recommendation: Adopt a Resolution amending Contract No. 6856 with Community Conservation Center to increase the not-to-exceed amount from $238,000 to $380,000 in FY 2006 to correct an error and reinstate the previously authorized contract amount.

Financial Implications: $380,000 - Various Funds

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

15. Tieback Mitigation & Right-of-Way Improvement Fund Revenues

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

16. FY 2007 Street Lighting Assessments

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 for June 27, 2006; 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

17. Oppose Senate Bill 1404: Parking Citations Related to Street Sweeping

From: City Manager

Recommendation: Oppose SB 1404, which would require that citations issued for violating parking restrictions related to street sweeping be cancelled once contested  if the city cannot prove that the street was cleaned on the date of the violation; and send a letter of opposition to the  Senate Appropriations Committee; Senator Mike Machado; the League of California Cities Department of Public Safety,  Transportation and Public Works; and the City's State Lobbyist.

Financial Implications: None

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

18. 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

19. Ballot Measure: A Clean Water Measure to Address Severe Flooding, Sewage Contamination, Creek and Culvert Improvements (PDF, 137 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.

Financial Implications: To be determined

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

20. Changes to West Berkeley Zoning (PDF, 166 KB)

From: Councilmembers Maio and Capitelli

Recommendation: Refer to the Planning Commission the request that the City make changes to the West Berkeley zoning to achieve more rational use of space and facilitate arts and crafts uses to locate in the M district.

Financial Implications: See report

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

21. 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

22. 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

23. 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

24. "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

25. Budget Referral:  Sweatfree Berkeley Ordinance  Monitoring and Enforcement (PDF, 79 KB)

From: Councilmember Worthington

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

26. Proclamation: Designating June as Lesbian, Gay, Bisexual and Transgender Month (PDF, 67 KB)

From: Councilmember Worthington

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

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

27. Resolution for  a Positive Revitalization Model in the Wachovia Acquisition of World Savings Bank (PDF, 90 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

28. Civic Arts Work Plan for FY 2007 and West Berkeley Arts Inventory

a.   From: Civic Arts Commission (PDF, 258 KB)

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

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

a.   From: Civic Arts Commission (PDF, 532 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

Recommendation: Refer to the budget process.

Contact: Thomas Myers, Economic Development, 981-7530

Action Calendar – Public Hearing

30. West Berkeley Bowl - 920 Heinz Avenue

From: City Manager

Recommendation: Conduct a public hearing and upon conclusion: 1) adopt a Resolution certifying 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 – Old Business

31. Fiscal Year 2007 Proposed Mid-Biennial Budget and Work Plan Update

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

32. Zoning Ordinance Amendment: Off-street Parking in Required Yards on Residential Lots (Held over from April 25, 2006)

From: City Manager

Recommendation: Adopt a first reading of one of two alternative Ordinances amending Berkeley Municipal Code (BMC) Title 23 to: 1a) require an Administrative Use Permit (AUP) for new uncovered parking spaces in all yards on residential lots, except when the space is for a by-right Accessory Dwelling Unit and not in the front yard, as recommended by the Planning Commission; or 1b) allow new uncovered parking spaces in rear and side yards by-right and require an AUP for parking in front yards on residential lots, as recommended by Staff; 2) revise the definition of “yard” to no longer prohibit parking in required yards; and 3) expand screening requirements for uncovered parking in rear yards, eliminate landscaping requirements along shared driveways, and clarify the intent and organization of the parking regulations.

Financial Implications: None

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

33. Ballot Measure: Greenhouse Gas Ballot Measure (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
 

Action Calendar – New Business

34. Budget Referral: Sweat-free Berkeley Ordinance

a.   From: Commission on Labor (PDF, 150 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

Recommendation: Refer to the budget process.

Contact: Thomas Myers, Economic Development, 981-7530  

35. Berkeley Marina Ordinance  Revisions and Updates

a.   From: Waterfront Commission (PDF, 314 KB)

Recommendation: Adopt first reading of two Ordinances: 1) repealing certain sections of Berkeley Municipal Code (BMC) Chapter 6.08; and 2) amending BMC Chapter 6.20;  to update current conditions and to remove outdated language.

Financial Implications: None

Contact: Marc Seleznow, Parks Recreation & Waterfront

b.   From: City Manager

Recommendation: The City Manager recommends adopting all changes to the Berkeley Marina Ordinance proposed by the Waterfront Commission except for BMC Section 6.20.180 (Prohibited Activities); and  replace Section 6.20.200 with proposed language from this report.

Financial Implications: See report

Contact: Marc Seleznow, Parks Recreation & Waterfront

36. Ballot Measure -  Survey on Lowering Voting Age

a.   From: Youth Commission (PDF, 144 KB)

Recommendation: Adopt a Resolution to direct the City Manager to place a survey item on the November ballot asking Berkeley residents whether they support lowering the voting age to seventeen for School Board elections in Berkeley.

Financial Implications: $10,000

Contact: Marc Seleznow, Parks Recreation & Waterfront

b.   From: City Manager

Recommendation: Take no action at this time.

Financial Implications: See report

Contact: Mark Seleznow, Parks, Recreation and  Waterfront, 981-6700
 

Information Reports

37. Investment Report: Quarter Ended March 31,  2006

From: City Manager

Contact: Fran David, Finance 510-981-7300

38. Oxford Street Development DDA Update

From: City Manager

 Contact: Stephen  Barton, Housing, 981-5400

39. Salary Realignment: Legislative Assistants

From: City Manager

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

40. Unrepresented Temporary Employees

From: City Manager

Contact: David W. Hodgkins, Human Resources,  981-6805

41. Quarterly Report: Status of Crime in Berkeley and Community Crime View

From: City Manager

Contact: Douglas  N. Hambleton, Police, 981-5900

42. Civilianization of Police Department Functions

From: City Manager

Contact: Douglas  N. Hambleton, Police, 981-5900

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Communication (or Agenda Item) Title

1.      Author

 

Adjournment