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
