City Clerk
City Clerk

Regular Meeting eAgenda
December 8
, 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.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~ 

AGENDA

BERKELEY CITY COUNCIL MEETING

Monday, December 8, 2008

7:00 p.m.

Council Chambers, 2134 Martin Luther King Jr. Way

 

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  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.

1.       Swearing in of newly elected Councilmembers.

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: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item.  The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar.  Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

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.   Repeal of Ordinance No. 7,039–N.S. and Amendments to the 2008 Berkeley Fire Code (PDF)
From:  City Manager
Recommendation:
  Adopt second reading of Ordinance No. 7,066–N.S. 1) repealing Ordinance No. 7,039–N.S. (thereby restoring Ordinance No. 7,003–N.S.); and 2) amending BMC 19.48.020.  These amendments will clarify the intent of the code.
First Reading Vote:  Ayes: Maio, Moore, Anderson, Capitelli, Olds, Worthington, Wozniak.  Absent: Bates.
Financial Implications:  See report
Contact:  Debra Pryor, Fire, 981-3473

2.   Contract: City of Inglewood – Parking Citation Administration No. 7187, Amendment to Resolution No. 62,956–N.S. (PDF)
From: City Manager
Recommendation: 
Amend Resolution No. 62,956–N.S. dated June 21, 2005 authorizing the contract with the City of Inglewood for parking citation administration services to be the three-year term as originally authorized and match the dates of the actual contract for clarity and accounting purposes. The contract was signed and went into effect November 1, 2006 and shall end on October 31, 2009.
Financial Implications:  See report
Contact:  Lisa Caronna, City Manager's Office, 981-7000

3.   Timothy Clement v. City of Berkeley; Settlement (PDF)
From: City Manager
Recommendation:
 Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. RG 07 331421 entitled Clement v. City of Berkeley, in the amount of $50,000.
Financial Implications:  Public Liability Fund - $50,000
Contact:  Zach Cowan, City Attorney's Office, 981-6950

4.   Confirming the Results of the November 4, 2008 General Municipal Election (PDF)
From: City Manager
Recommendation:
Adopt a Resolution confirming the results of the November 4, 2008 General Municipal Election and declaring the passage of: Measure FF – Library Bond, Measure GG – Fire and Emergency Services Tax, Measure HH – GANN Limit Override, Measure II – Charter Amendment, and Measure JJ – Patients Access to Medical Cannabis Act of 2008.
Financial Implications: None
Contact:  Deanna Despain, City Clerk Department, 981-6900

5.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation: 
Approve the attached 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:  General Fund - $217,329
Contact:  Robert Hicks, Finance, 981-7300

6.   Safety Members' Pension Fund (SMPF) Annual Report for FYE 2008 (PDF)
From: City Manager
Recommendation:
Approve the Safety Members Pension Fund (SMPF) annual report for fiscal year ended June 30, 2008.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

7.   Fee Assessment - State of California Self-Insurance Fund (Workers' Compensation Program) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2009 for administering the Workers' Compensation Program, in an amount not to exceed $165,000.
Financial Implications: Workers' Compensation Self-Insurance Fund - $165,000
Contact: David Hodgkins, Human Resources, 981-6800

8.   Contracts: Mills Act for 2600 Durant Avenue, 2 Greenwood Common, 1770 Highland Place, 1780 Highland Place, 1790 Highland Place, 1790A Highland Place, and 1536 Oxford Street (PDF)
From: City Manager
Recommendation:
Adopt Resolutions directing the City Manager to enter into Mills Act Contracts for the properties located at:
1)     2600 Durant Avenue
2)     2 Greenwood Common
3)     1770 Highland Place
4)     1780 Highland Place
5)     1790 Highland Place
6)     1790A Highland Place
7)     1536 Oxford Street
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

9.   Installation of Speed Feedback Signs (PDF)
From: City Manager
Recommendation:
Approve the installation of speed feedback signs at selected locations throughout Berkeley.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

10.  **Continued to December 16, 2008 per City Manager***Underground Policy for Rule 20A Monies

11.  Contract: DELTAWRX Management Consultants for Selection of Interoperable Communications System (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with DELTAWRX Management Consultants for consultant services related to selection of an interoperable communications (radio) system to meet public safety requirements and Federal timelines for implementation, for a total amount of $82,500 for the period January 1, 2009 to June 30, 2009.
Financial Implications: Equipment Replacement Fund – 82,500
Contact: Claudette Ford, Public Works, 981-6300

12.  Contract: AC Transit for Annual Bus Transit Pass (EasyPass) Program for City Employees (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the Alameda-Contra Costa Transit District (AC Transit) for the continuation of an annual bus transit pass (EasyPass) program for City of Berkeley employees in an amount not to exceed $200,000 for the period January 1, 2009 to December 31, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

13.  Referral to Budget Process: Violence Prevention and Response Plan (PDF)
From: Councilmember Worthington
Recommendation:
Refer the Violence Prevention and Response Plan to the January 2009 public safety workshop and the mid-year budget process.
Financial Implications: Unknown
Contact: Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Darryl Moore, Councilmember, District 2, 981-7120

14.  Proclamation Honoring David and Suki An (PDF)
From:  Councilmember Worthington
Recommendation:
Adopt a proclamation in honor of David and Suki, owners of Ann’s Kitchen, to be presented on December 16, 2008.
Financial Implications: None
Contact:  Kriss Worthington, Councilmember, District 7, 981-7170

15.  Whistleblower Protection Program (PDF)
From:  Councilmember Worthington
Recommendation:
Refer to the City Manager to explore the creation of a Whistleblower Protection Program for the City of Berkeley.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

16.  City of Berkeley Joining Lawsuit to Invalidate Proposition 8 (PDF)
From: Councilmembers Worthington and Moore
Recommendation:
That the City of Berkeley join San Francisco, Los Angeles and many other cities throughout the state in participating in the lawsuit to invalidate Proposition 8.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Darryl Moore, Councilmember, District 2, 981-7120

17.  The Policy of Appropriateness of Artworks be Revisited by the Arts Commission by the End of Feb 2009 (PDF)
From: Councilmember Maio
Recommendation: 
Request that the Arts Commission revisit the policy of appropriateness of artworks in the Addison Street windows, and public art in general; and consider creating a practice that requires staff to direct any issues or questions regarding appropriateness of public art to the Public Art Subcommittee of the Arts Commission to make the final determination; and request that the Commission complete this work before the end of February.
Financial Implications:  None
Contact:  Linda Maio, Councilmember, District 1, 981-7110

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

18.  Presentation: City Auditor’s Annual Report for Fiscal Year 2008 (PDF)
From: City Auditor
Recommendation:
Accept City Auditor’s Annual Report for Fiscal Year 2008.
Financial Implications: See report
Contact: Ann-Marie Hogan, City Auditor, 981-6760

Action Calendar – Appeals

19.  ZAB Appeal: 1725 University Avenue (Continued from November 18, 2008) (PDF)
From: City Manager
Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000020 for a new wireless telecommunications facility (with eight antennas and related equipment) for T-Mobile Wireless at 1725 University Avenue, and dismiss the appeal of this decision.
Financial Implications:  None
Contact:  Dan Marks, Planning and Development, 981-7400

20.  HAC Appeal: Retaining Wall at Rear of 935 Regal Road (PDF)
From: City Manager
Recommendation: Adopt a Resolution affirming the Housing Advisory Commission's (HAC) decision to reject the appeal and to sustain the Building Official's Determination not to withdraw her Notice of Violation issued to the owners of 935 Regal Road for construction of a retaining wall and fence without the proper permits and concealing work without an inspection and sustaining the Order to obtain the required permits.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Public Hearing

Staff shall introduce the public hearing item and present their comments.  This is followed by five-minute presentations each by the appellant and applicant.  The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and 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.

21.  Fee Adjustment: Ambulance User Fee (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and upon conclusion, adopt a Resolution to adjust the Ambulance User Fee to match the Alameda County's ambulance user fee schedule set and approved by the Alameda County Board of Supervisors effective October 16, 2008, included as an updated addendum to the Ambulance Provider Agreement.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473

Council Action Calendar

22.  Appointment of Vice President of the Council (PDF)
From: Mayor Bates
Recommendation:
1.      Rescind Resolution No. 62,743–N.S and adopt a Resolution establishing a one-year term for the Vice President of the Council to be elected at the first meeting in December every year.
2.      Elect the Vice-President of the Council for a one-year term beginning December 8, 2008.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100

23.  John Yoo: Bush Administration Torture Memos (PDF)
       Supplemental material (PDF)
From: Peace and Justice Commission
Recommendation:
Adopt the following recommendations approved by the Peace and Justice Commission at its July 7, 2008 meeting:
1.      Contact Carlos Villareal, Executive Director of the San Francisco Chapter of the National Lawyers Guild at carlos@nlgsf.org and communicate that the City of Berkeley wishes to be listed amongst the signers of the Call to Investigate Professor John Yoo, which is a letter to University of California Chancellor, Robert Birgeneau (Attachment I); and
2.      The City should state that no student of U.C. Berkeley should be required to choose between taking a course with Professor John Yoo or waiting another semester to take and complete a required course.  If the Law School is to permit Professor Yoo to teach non-elective courses, the school should make available to students the opportunity to take these non-elective courses with another professor during the same semester so as to assure students are not sanctioned or delayed in their fulfillment of non-elective courses due to their distaste for taking a class with someone who wrote memoranda that authorized the use of pain, violence and degrading treatment as a method of treatment of persons held in U.S. custody; and
3.      Ask the U.S. Attorney for Northern California to bring charges of war crimes against John Yoo, now teaching in the City of Berkeley at U.C. Berkeley School of Law; and
4.      Send another letter in February, 2009 to the then-Attorney General of the United States asking him/her to bring charges of war crimes against John Yoo, if such charges have not yet been brought; and
5.      That a letter be sent to the President of the University of California, the Chancellor of U.C. Berkeley and the Dean of U.C. Berkeley School of Law incorporating the language of the above recommendations and advising them of the City’s position.
Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5114

24.  Resolution for an End to Death Sentences in Alameda County (PDF)
From: Councilmembers Worthington and Anderson
Recommendation:
Adopt a Resolution calling for an end to death sentences in Alameda County.
Financial Implications:  None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Max Anderson, Councilmember, District 3, 981-7130

25.  Joint Workshop with Berkeley and Oakland City Councils on Community Choice Energy (PDF)
       Supplemental material (PDF)
From: Councilmembers Worthington and Anderson
Recommendation:
Approve participation in a joint workshop, in early 2009, on Community Choice Energy with the Oakland City Council.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Max Anderson, Councilmember, District 3, 981-7130

Information Reports

26.  Update on the Medi-Cal Mental Health Interim Audit (PDF)
From: City Manager
Contact: Fred Medrano, Health and Human Services, 981-5100

27.  LPC-NOD: 2901 Channing Way and 2350 Shattuck Avenue (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

28.  Proposed Downtown Berkeley Bike Station Expansion Project (PDF)
 Supplemental Material (PDF)
From: City Manager
Contact: Matt Nichols, Public Works, 981-6300

29.  1901-1905 Parker Street & 2543 Martin Luther King Jr. Way, Berkeley - Review of Planning Commission Approval of Tentative Tract Map 7954 (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

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.CityofBerkeley.info/video 
and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.CityofBerkeley.info/CityCouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
 

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.CityofBerkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.CityofBerkeley.info/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@CityofBerkeley.info

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.

Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on Wednesday, December 3, 2008. 

Deanna Despain, Acting City Clerk

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.

Item 16: City of Berkeley Joining Lawsuit to Invalidate Proposition 8
1.      John L.

ZAB Decision on Use Permit No. 08-10000055
2.      Allen Wagner

BART/Caltrain
3.      Robert Allen

Berkeley Housing Authority/Affordable Housing Associates
4.      Jose Duarte

Arson Fire
5.      Robin Wright
6.      Linda Epley


 

 

Home | Web Policy | Text-Only Site Map | Contact Us
City Clerk, 2180 Milvia Street, Berkeley, CA 94704
Questions or comments? Email: clerk@cityofberkeley.info Phone: (510) 981-6900
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###