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Regular Meeting eAgenda
July 15, 2008

Printer-friendly PDF* agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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REVISED AGENDA (ITEM 2 – NEW TITLE, ITEM 14 REVISED TITLE AND NEW REPORT)

BERKELEY CITY COUNCIL MEETING

Tuesday, July 15, 2008

7:00 pm

Council Chambers, 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

 

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Dona Spring

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Deanna Despain, Acting City Clerk, 981-6900

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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 on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda.  Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting.  Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: 

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action.  Items that remain on the “Consent Calendar” are voted on in one motion as a group.  “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point.  Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

1. Lease Agreement: Sun Wo Han for a Retail Clothing Store at 2440 Durant Avenue (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance 7,052–N.S authorizing the City Manager to execute a lease agreement with Sung Wo Han for the purpose of operating a retail clothing store located at 2440 Durant Avenue in the Telegraph Channing Garage Shops, generating $52,610 in revenue from August 7, 2008 to August 31, 2013 with an additional lease option of five years.
First Reading Vote: Ayes – Maio, Moore, Anderson, Capitelli, Olds, Worthington, Wozniak, Bates.  Absent – Spring
Financial Implications: See report. 
Contact: Claudette Ford, Public Works, 981-6300  

2.  Levying  a Special Tax for FY 2009 to Fund the Provision of Library Services (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,053–N.S. to set the FY 2009 tax rate for the Library Services Tax at $0.1569 (15.69 cents) per square foot for dwelling units and $0.2374 (23.74 cents) per square foot for industrial, commercial, and institutional buildings.
First Reading Vote: Ayes – Maio, Moore, Anderson, Capitelli, Olds, Wozniak, Bates; Noes – Worthington; Absent – Spring
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300

3. City Acquisition of 1 Bolivar Drive (pdf)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute all necessary documents required to purchase the real property located at 1 Bolivar Drive, Berkeley, CA from William J. Petzel and Margaret P. Petzel, Trustees of the Petzel Family Trust dated April 23, 2004, as to an undivided 5.6% interest; and Victor G. Prada, a married man as his sole and separate property, as to an undivided 61.1% interest; and Richard Smith, a married man as his sole and separate property, as to an undivided 11.1% interest; and Jonathan Francis and Sally Ann Francis, Trustees of the Francis Family Trust, 1999 U/T/D dated June 11, 1999, as to an undivided 22.2% interest.
Financial Implications:  None
Contact: Phil Kamlarz, City Manager, 981-7000

4. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (pdf)
From: City Manager
Recommendation: Approve the new invitation for bid/request for proposal (RFP) that will be, or is planned to be, issued in the next 30 days upon final approval by the requesting department or division.
Financial Implications: Various Funds - $690,000
Contact: Robert Hicks, Finance, 981-7300

5. Establish Criteria for Waiving Ambulance Fees (pdf)
From: City Manager
Recommendation: Adopt a Resolution establishing criteria to waive ambulance fees for: patients who meet the very low income criteria as established by the Finance Department; those refusing treatment or ambulance service; and Police requests for victims of violent crimes and patients in Police custody who need medical treatment and/or transport effective July 1, 2008.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

6. Contract No. 6245B Amendment: GovDelivery Email Subscription Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No.  6245B with GovDelivery Inc. (formerly GovDocs) for Email subscription services, increasing the amount by $10,140 (for a total contract amount not to exceed $70,140) and extending the term to June 30, 2009.
Financial Implications: General Fund - $10,140
Contact: Donna LaSala, Information Technology, 981-6500

7. Contract: Gruber Power Supply - UPS Spare Parts & Maintenance (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement with Gruber Power Supply to cover Uninterrupted Power Service (UPS) spare parts and maintenance, for a total contract amount not to exceed $72,074 for the period July 1, 2008 through June 30, 2013.
Financial Implications: General Fund - $14,415
Contact: Donna LaSala, Information Technology, 981-6500

8. Purchase Order: Western Truck Center for Four Long Haul Tractor-Trailers (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for Western Truck Center in an amount not to exceed $757,235 for four long haul tractor-trailers.
Financial Implications: Equipment Replacement Fund - $757,235
Contact: Claudette Ford, Public Works, 981-6300

9. Lease Agreement: The Friends of the Berkeley Public Library for a Used Bookstore at 2433 Channing Way (pdf)
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with The Friends of the Berkeley Public Library for the purpose of operating a used bookstore at 2433 Channing Way in the Telegraph/Channing Garage Shops, generating  $51,559 in revenue over a term of five-years from October 1, 2008 to September 30, 2013 with an additional lease option of five years.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300

10. Lease Agreement: Shireen Kaviani for Brazilian Jiu-Jitsu Martial Arts Gym, Telegraph/Channing Garage Shops (pdf) 
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Shireen Kaviani for a Brazilian Jiu-Jitsu Martial Art Gym at 2438 Durant Avenue in the Telegraph Channing Garage Shops, generating $97,591 in revenue over an initial term of five years from September 1, 2008 to August 30, 2013 with an option to renew for another five-year term.
Financial Implications: Revenue: Off Street Parking Fund - $97,591 .
Contact: Claudette Ford, Public Works, 981-6300

Action Calendar

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up.  Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes.  If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes.  The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Old Business

a. From: City Manager
Recommendation: Adopt a Resolution placing the Landmarks Preservation Ordinance (LPO) Referendum on the November 4, 2008 Ballot. (Language may be modified subject to community input.)
Financial Implications: Unknown
Contact: Lisa Caronna, Deputy City Manager, 981-7000

b. Discussion and Possible Action Regarding Pools Measure (Continued from July 8, 2008)
Contact: Lisa Caronna, Deputy City Manager, 981-7000

12. Schedule And Deadlines To File Ballot Measure Arguments: November 4, 2008 General Municipal Election (pdf) 
From: City Manager
Recommendation:

1.    Adopt a Resolution setting the schedule, deadlines, and policy to file ballot measure arguments for city measures placed on the ballot at the November 4, 2008 General Municipal Election.

2.    Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on each measure placed on the ballot as provided for in Elections Code Section 9282.

Financial Implications: None
Contact: Deanna Despain, Acting City Clerk, 981-6900

13. Instant Runoff Voting Status Report (Continued from July 8, 2008) (pdf)
From:  City Manager
Recommendation:  N/A
Financial Implications:  Unknown
Contact: Deanna Despain, Acting City Clerk, 981-6900
 
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit #08-10000057 to establish office use in an existing light industrial building.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development, 981-7400

Council Action Calendar

15. Support of the "California Voters FIRST" Act (pdf)
From: Councilmember Capitelli
Recommendation: Support the California Voters FIRST act on the November 2008 Ballot.
Financial Implications:  None
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

16.   Support for the AC Transit Ballot Measure on the November 2008 Ballot

a. From: Councilmember Capitelli (pdf)
Recommendation:
Support an increase in the amount of and extension in the life of the District's existing parcel tax in District 1 on the condition that the AC Transit Board of Directors implement performance measures and reporting requirements, available to the public.
Financial Implications: Unknown
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150b. From: Councilmember Worthington (pdf)
Recommendation:
Adopt a motion to express its support for AC Transit's proposed measure for the November 2008 ballot.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

17. Voluntary Time Off Program for FY 2009 (pdf)
From: City Manager
Contact: Tracy Vesely, Budget Manager, 981-7000
 
Please note: This item will need a two-thirds approval vote before action will be considered.

Public Comment – Including Items Not Listed on the Agenda –

Adjournment

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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via Internet accessible video stream at http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
 Archived indexed video streams are available at
 http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

City Clerk Department

Libraries:

2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900

Claremont Branch – 2940 Benvenue

TDD:  510-981-6903

West Branch – 1125 University

Fax:  510-981-6901

North Branch – 1170 The Alameda

Email:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

 Communications (pdf)

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. 

Move-Out Program 2008
1. Vincent Casalaina, on behalf of the Willard Neighborhood Association

Kudos to Berkeley Emergency Teams
2.  Dorothy Bryant


 

 

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