General Information
General Information

Special Meeting eAgenda
May 14, 2013


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 ( as soon as they are finalized.


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In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:
Tuesday, May 14, 2013
5:30 p.m.
2180 Milvia Street, 1st Floor, Cypress Room


Tom Bates, Mayor


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


Preliminary Matters

Roll Call

Public Comment - Limited to items on this agenda only


The City Council will convene in closed session to meet concerning the following:


Pending litigation – three cases

a.     Rollie French v. Arntz Builders, City of Berkeley, et al. (Alameda County Superior Court Case No.2002-043461) consolidated with:

      i.          Helix Electric v. Arntz Builders, et al. (Alameda County Superior Court Case No. 2002-061480);

     ii.          Thyssenkrupp Elevator Corp. v. Arntz Builders, et al. (Alameda County Superior Court Case No.2002-071479);

     iii.          F.W. Spencer & Son, Inc. v. Arntz Builders, et al. (Alameda County Superior Court Case No. RG03082302);

     iv.          Bay Systems Integrators, Inc. v. Helix Electric, Inc., et al. (Alameda County Superior Court Case No. RG03089440); and

     v.          Arntz Builders, Inc. v. City of Berkeley, et al. (Alameda County Superior Court Case No. RG 03095394).)

b.     Buffy Plante  v. City of Berkeley, et al. 

            (Alameda County Superior Court Case No. RG 12 615967)

c.     City of Berkeley v. Kenneth Sarachan and Laurie Brown, and related cross-action

            (Alameda County Superior Court Case No. RG RG12 614265)


Initiation of litigation – two cases   

a.    The City Council will consider whether to initiate a lawsuit against the County of Alameda to recover excess property tax administration fees (PTAF) for the years 2006-07 to date, plus interest.

b.    The City Council will consider whether to initiate administrative proceedings and/or a lawsuit against the United States Postal Service concerning the sale of the Main Berkeley Post Office and the relocation of services from it.


Public Reports of actions taken pursuant to Government Code section 54957.1.


I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 9th day of May 2013.                                           

Tom Bates, Mayor

Public Notice – this Proclamation serves as the official agenda for this meeting.


Mark Numainville, CMC, City Clerk


This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend the public comment portion of this meeting.  Questions regarding this matter may be addressed to Mark Numainville, City Clerk, 981-6900.

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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.

Agendas and agenda reports may be accessed via the Internet at
and may be read at reference desks at the following locations:

City Clerk Department


2180 Milvia Street

Main - 2090 Kittredge Street

Tel:  510-981-6900


TDD:  510-981-6903

Claremont Branch – 2940 Benvenue

Fax:  510-981-6901



North Branch – 1170 The Alameda




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.

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