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. Rabies Quarantine Regulations (First reading June 13, 2006 – Unanimous)
From: City Manager
Recommendation: Adopt second 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
2.
Construction and Demolition Debris Salvage and Recycling (First reading June 13,
2006 – Unanimous)
From:
City Manager
Recommendation:
Adopt second 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
3. West Berkeley Bowl - 920 Heinz Avenue (First reading June 13,
2006 – Unanimous)
From: City Manager
Recommendation: Adopt second 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.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
4.
Zoning Ordinance Amendment: Off-street Parking in
Required Yards on Residential Lots (First reading June 13, 2006 – Unanimous)
From: City Manager (April
25, 2006)
Recommendation: Adopt second reading of an
Ordinances amending Berkeley Municipal Code (BMC) Title 23.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
5. Ballot Measure: Gilman Street Playing Fields
From: City Manager
Recommendation: Adopt a Resolution placing a measure on the November 7, 2006 ballot
adopting an amendment to the General Plan, Waterfront Plan and Waterfront
Specific Plan to establish an "as of right" use for public or
commercial recreation sports facilities and exempting such use from the
requirement for a Master Development Plan (MDP) and Use Permit, to accommodate
the proposed Gilman Street Playing Fields.
Financial Implications: See report
Contact: Sara T. Cox, City Clerk, 981-6900
6. 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
7.
Adoption of Findings To Abate Public Nuisance at Black and
White Liquors -3027 Adeline Street
From:
City Manager
Recommendation:
Adopt a resolution
adopting findings and remedial measures as previously determined by the City
Council on May 16, 2006, after considering Black & White Liquor’s
objections, if any, to the amount of the proposed monetary fine to recover
staff costs of $8,700.
Financial Implications: See report
Contact:
Manuela Albuquerque, City Attorney, 981-6950
8. Increase Purchase Order with Pinnacle Printing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase blanket
purchase order 57567 with Pinnacle Printing Systems to pay for printing and
mailing services already provided, for a total amount not to exceed $44,755 for
the period July 1, 2005 through June 30, 2006.
Financial Implications: Revenue Collection: General Fund $15,000; Refuse
Fund $9,000; Rental Housing Fund $2,755
Contact: Frances David, Finance, 981-7300
9. Contract: Berkeley Food and Housing Project Supportive Housing
Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract
and any amendments with the Berkeley Food and Housing Project for operating the
Russell Street Residence for the period from June 1, 2006 to June 30, 2007 in
an amount not to exceed $77,500.
Financial Implications: AB2034 Funds - $77,500
Contact: Fred Medrano, Health and Human Services, 981-5100
10. Contract: Emergency Services for Berkeley Residents with
Severe Disabilities
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Easy Does It to provide emergency services to Berkeley
residents with severe disabilities for the period July 1, 2006 to June 30, 2007
in an amount not to exceed $771,244; and approving an option to extend the term
of the contract three additional years contingent upon a satisfactory
performance evaluation conducted annually.
Financial Implications: SPL Tax SP Disabled Measure E - $771,244
Contact: Stephen Barton, Housing, 981-5400
11. Contract: Workers’ Compensation Third Party Administrator
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and
any amendments with Innovative Claims Solutions, Inc. to provide workers'
compensation third-party administrative services in an amount not to exceed
$2,360,160 from July 1, 2006 to June 30, 2010.
Financial Implications: Workers' Compensation Self-Insurance Fund,
$2,360,160
Contact: David W. Hodgkins, Human Resources, 981-6805
12. Memorandum of Understanding: Association of Bay Area
Governments / Bay Area Regional GIS Council Servers
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
13. Gilman Playing Fields Joint Powers Agreement #3
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement
with five JPA cities (Albany, Berkeley, El Cerrito, Emeryville, and Richmond)
to implement Section 3 of the Joint Exercise of Powers agreement authorized on
November 18, 2003 to develop, operate, and maintain the Gilman Street Playing
Fields.
Financial Implications:
See report
Contact: Marc Seleznow, Parks Recreation and Waterfront,
981-6700
14.
Increase Purchase Order for Sutter Occupational Health
From:
City Manager
Recommendation:
Adopt a Resolution
authorizing an increase in the purchase order with Sutter Occupational Health
for an additional $30,000 for a total amount not to exceed $55,000 for FY 2006.
Financial Implications: General Fund $30,000
Contact:
Douglas N. Hambleton, Chief of Police, 981-5705
15. Payment to Sacramento Police Department for Academy Training
From: City Manager
Recommendation: Adopt a resolution authorizing the City Manager to establish a purchase
order with the Sacramento Law Enforcement Training Center, Sacramento Police
Department Academy, in an amount not to exceed $84,000 for tuition.
Financial Implications: General Fund - $84,000
Contact: Douglas N. Hambleton, Chief of Police, 981-5705
16. 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
17.
Contract: Project Management Services
From:
City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
William Gargan to provide project management services for the Hills Fire
Station, increasing the contract amount by $75,000 for a new contract amount
not to exceed $220,000, and extending the term of the contract from July 1,
2006 to September 30, 2006.
Financial Implications: FY 2006 Hills Fire Station Budget, Measure G Account - $75,000
Contact:
Claudette R. Ford, Public Works, 981-6300
18. Oppose Senate Bill 1404: Parking Citations Related to Street
Sweeping
From: City Manager
Recommendation: Oppose Senate Bill 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
19.
Grandfathering Recycling Box on 1700 Block of Channing Way
(PDF, 2 MB)
From:
Councilmember Spring
Recommendation:
Request that the
City Manager create a classification to accommodate the 35 year recycling box,
known as “Wishing Well,” on the sidewalk median strip on the 1700 block of
Channing Way and waive any proposed costs.
Financial Implications: None
Contact: Dona
Spring, Councilmember District 4, 981-7140
20. Lift the Boycott on the Claremont Resort and Spa
(PDF, 483 KB)
From: Councilmember Wozniak
Recommendation: Adopt a Resolution rescinding Resolution No. 61,447-N.S. and Resolution
No. 62,407-N.S. to lift the boycott against The Claremont Resort and Spa and
strongly encourage the community to return its business to the spa facility.
Financial Implications: None
Contact: Gordon Wozniak, Councilmember District 8, 981-7180
21. Tobacco Prevention Policies
a.
From: Community Health Commission
(PDF, 431 KB)
Recommendation: Adopt the first 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; direct the City
Manager to develop and submit a proposal for funding, and if funded, to craft
specific voluntary and/or legislative policy recommendations in conjunction
with all interested stakeholders including the Community Health Commission to
prevent the exposure of drifting secondhand smoke in new and/or existing public
or private multi-unit housing in Berkeley; and take
no legislative action at this time to restrict smoking in cars transporting
children due to State Vehicle Code preemption, but ask the City’s legislative
representatives to introduce a bill similar to the 2004 Firebaugh bill
prohibiting on a state-wide basis smoking in cars transporting children.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
b.
From: City
Manager
Recommendation: The City Manager concurs with the recommendations in the Commission’s
Report as long as all additional costs are covered by outside funding.
Contact: Fred Medrano, Health and Human Services, 981-5100
22. Termination of Berkeley Honda Labor Dispute
a.
From: Commission on Labor
(PDF, 145 KB)
Recommendation: Adopt a Resolution commending the employees of Berkeley Honda and the
ownership/management of the dealership for bringing their long-standing labor
dispute to an end, and sending a copy of this resolution to the Berkeley Honda
owners/managers.
Financial Implications: See report
Contact: Delfina Geiken, Commission Secretary, 981-7000
b.
From: City
Manager
Recommendation: The City Manager concurs with the content and recommendations of the Commission’s
Report.
Contact: Tom Myers, Economic Development, 981-7000
Action
Calendar – Public Hearing
24. Fiscal Year 2007 Proposed Mid-Biennial Budget and Fees
From: City Manager
Recommendation: Discuss the FY 2007
proposed mid-biennial budget update, work plan update and fees. Conduct a
public hearing. Council will adopt the FY 2007 budget on June 27, 2006.
Financial Implications: See budget book and report
Contact: Tracy Vesely, City
Manager, 981-7000
25. Elmwood Theater Business Improvement Area
(PDF, 224 KB)
From: Elmwood Advisory Board
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution
confirming the Annual Assessment Report for the Elmwood Theater Business
Improvement Area for FY 2006 and levying assessments in the area for FY 2007.
Financial Implications: General Fund - $18,745
Contact: David Fogarty,
Secretary to the Advisory Board for the Elmwood Theater Business Improvement
Area, 981-7530
26. North Shattuck Business Improvement District
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution: 1)
confirming the Annual Report of the North Shattuck Business Improvement
District (BID) for Fiscal Year 2006 and 2) levying assessments in the District
for FY 2007.
Financial Implications: See report
Contact: Thomas Myers, Economic Development, 981-7530
27. Marina Fee Increases for Fiscal Year 2007
From: City Manager
Recommendation: Conduct a public hearing
and upon conclusion adopt a Resolution establishing the rate schedule in the
Marina by increasing base rate fees by 8% and Nature Center/Adventure
Playground fees by 5% for FY 2007, and rescinding Resolution No. 62,536-N.S.
and all amendatory Resolutions.
Financial Implications: See report
Contact:
Marc Seleznow, Parks Recreation & Waterfront, 981-6700
28.
Establishing Refuse Rates for FY 2007
From:
City Manager
Recommendation:
Conduct a public
hearing, and upon conclusion, adopt a Resolution setting rates for the
collection of refuse and organics, Transfer Station disposal, and special
services; reconfirming existing refuse collection districts; and rescinding
Resolution No. 62,952-N.S. and all amendatory resolutions, effective July 1,
2006.
Financial Implications: Refuse Fund - $1,377,394
Contact:
Claudette R. Ford, Public Works, 981-6300
29. Sewer Service Charges for FY 2007
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution to
establish sewer service rates for FY 2007, effective July 1, 2006.
Financial Implications: Sanitary Sewer Program - $13.9 Million Revenue
Contact: Claudette R. Ford, Public Works, 981-6300
30. Fiscal Year 2007 Street Lighting Assessments
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution,
confirming the assessments in the Engineer's Report, dated April 2006,and
authorize the levying of FY 2007 Assessments for Berkeley Street Lighting
Assessment District No. 1982-1.
Financial Implications: See report
Contact: Claudette R. Ford, Public Works, 981-6300
31. Utility Underground District No. 47 (Miller/Stevenson)
From: City Manager
Recommendation: Conduct a public hearing and on conclusion, adopt a Resolution amending
Resolution No. 56,237-N.S. to modify the boundary of Utility Underground
District No. 47 (Miller/Stevenson) to exclude three parcels, include seventeen
additional parcels and add specific dates for utility companies and property
owners to complete required work.
Financial Implications: None
Contact: Claudette R. Ford, Public Works, 981-6300
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.
