City Clerk
City Clerk

Regular Meeting Annotated Agenda
March 25,
 2008

Printer-friendly PDF* annotated 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: 

  • 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.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134. 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. 

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Annotated Agenda

BERKELEY CITY COUNCIL MEETING

Tuesday, March 25, 2008

7:00 P.M.

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

Preliminary Matters

Roll Call:  7:16 p.m.  All present.

Ceremonial Matters: 

  1. Peter Selz – March 27, 2008 Proclaimed Peter Selz Day
  2. Library Week – April 13, 2008 – April 19, 2008
  3. Public Health Week – April 7, 2008 – April 13, 2008
  4. Tobacco Prevention – Alta Bates
  5. Tobacco Prevention – Andronico’s

Public Comment on Non-Agenda Matters – 3

Public Comment on Consent Calendar and Information Items Only – 7

Consent Calendar

Action: M/S/C (Anderson/Moore) to adopt Consent Calendar in one motion except as indicated:  Item No. 15 moved to Action, Item No. 23 moved to Action and held over to April 22, 2008, Item No. 27 moved to Consent, Item No. 29 moved to Consent, and Item No. 33 moved to Consent.

1. Berkeley Municipal Code Chapter 2.20 - City Departments General Provisions (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,022–N.S. to repeal Berkeley Municipal Code (BMC) Chapter 2.20 - City Departments and General Provisions.
First Reading Vote - Ayes, Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak.  Absent – Bates
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted second reading of Ordinance No. 7,022–N.S.

2. Zoning Ordinance Amendments Addressing Alcohol Sales (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,023–N.S. amending Zoning Ordinance sections 23C.04.030 and 23E.16.040 and adding Chapter 23B.68 to allow: (1) Abandonment of lawful non-conforming off-sale alcohol beverage sales uses after 90 days of closure; (2) Private right of action against nuisances; and (3) Greater flexibility for the Zoning Adjustments Board when issuing a use permit for a new alcohol sales use when there has been only one prior violation or complaint.
First Reading Vote - Ayes, Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak.  Absent – Bates
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted second reading of Ordinance No. 7,023–N.S.

3. Lease Agreement: 1947 Center Street, Int'l Computer Science Inst (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,024–N.S. authorizing the City Manager to:

  1. Execute a lease agreement with International Computer Science Institute (ICSI) for $4,970,268 for a term of five years from April 1, 2008 to March 31, 2013, and two additional lease options of five years each, and
  2. Adjust the rent to reflect the negotiated rate during the holdover period.

Financial Implications: See report
First Reading Vote - Ayes, Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak.  Absent – Bates
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted second reading of Ordinance No. 7,024–N.S.

4. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 26, 2008 (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk, 981-6900
Action:  Approved minutes as submitted.

5. Claim of Jude Berman – Claim No. 6-15381-79 (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the claim of Jude Berman in the amount of $35,043
Financial Implications: Public Liability Fund - $35,043
Contact: Zach Cowan, City Attorney, 981-6900
Action:  Adopted Resolution No. 63,998–N.S.

6. Construction of New Berkeley Animal Care Shelter (PDF)
From: City Manager
Recommendation: 

  1. Authorize the City Manager to execute a Personal Services Contract (PSC) with Rene Cardinaux, AIA for design and construction management services for the City's new Animal Shelter not to exceed P,000.
  2. Issue an RFP for Design/Build option at current site, and/or alternative sites and design/build options

Financial Implications: None
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Approved substitute recommendation to:

  1.  Adopt Resolution No. 63,999–N.S. approving a contract not to exceed $50,000 with Rene Cardinaux, AIA for design  and   construction management services for building a new shelter in Berkeley.
  2.  Issue an RFP for Design/Build option at current site, and/or alternative sites and design/build options.

7. 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: Seismic and Disaster Preparation Bonds “Measure G” - $200,000
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

8. Contract: City of Richmond/Richmond BUILD Trades Training for Older Youth (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the City of Richmond/Richmond BUILD to provide job training in the construction trades to eleven Berkeley transition age youth for the period of April 1, 2008 through December 31, 2008 in an amount not to exceed $33,000.
Financial Implications: General Fund - $33,000
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,000–N.S.

9. Contract: Rubicon Workforce Services- Private Sector Outreach and Job Placement for Older Youth (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Rubicon Workforce Services to provide private sector outreach and job placement to Berkeley transition age youth for the period of April 1, 2008 through December 31, 2008 in an amount not to exceed $65,203.
Financial Implications: General Fund - $65,203
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,001–N.S.

10. Shelter Plus Care Contract with the County of Alameda (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the County of Alameda for Shelter Plus Care funds in the amount of $211,250, to provide tenant-based rental assistance for people living with HIV/AIDS for the 12-month period of March 1, 2008 through February 28, 2009.
Financial Implications: See report.
Contact: Renelda Mary, Housing, 981-5400
Action:  Adopted Resolution No. 64,002–N.S.

11. Contract No. 7362 Amendment: Gilman Project Management Services - Project Management Services (PMS), LLC (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7362 with Project Management Services, LLC for project management services at the Gilman Street Sports Fields Project for an additional $70,000 for a total contract amount not to exceed $165,000.
Financial Implications: General Fund - $165,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,003–N.S.

12. Recreation Fee Policies and Procedures (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving Recreation Fee Policies and Procedures and rescinding Resolution No. 62,951–N.S.
Financial Implications: None
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,004–N.S.

13. License Agreement: Bait Shop at Berkeley Marina - Bay Point Sales (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement and any amendments with Young Kim (doing business as Bay Point Sales) at 225 University Avenue in Berkeley, California from April 1, 2008 to December 31, 2014.
Financial Implications: See report.
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,005–N.S.

14. Grant Application for Proposition 1C Infill Infrastructure Grant (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application to the Department of Housing and Community Development (HCD) for a Proposition 1C Infill Infrastructure Grant for funds in the amount not to exceed $9,000,000 for implementation of the San Pablo Avenue Public Improvement Plan; and accept the grant, and execute any resultant agreements and amendments.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,006–N.S.

15. Request for Proposal: Development Feasibility Analysis for Downtown Area Plan Building Height Alternatives (PDF)
From: City Manager
Recommendation: Authorize the City Manager to issue an RFP to identify a qualified firm or consultant team to prepare a Development Feasibility Analysis that examines the effects of building height options and other regulatory options that could affect the feasibility of future development projects in Downtown Berkeley under the Downtown Area Plan.
Financial Implications: General Fund - $40,000 (Department salary savings)
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Moved to Action Calendar.  M/S/C (Wozniak/Capitelli) to approve revised recommendation to authorize the City Manager to issue a Request for Proposal, select a qualified firm or consultant team and execute a contract to prepare a Development Feasibility Analysis that examines the effects of building height options and other regulatory options that could affect the feasibility of future development projects in Downtown Berkeley under the Downtown Area Plan.  Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wozniak; Noes – Spring; Absent – Olds, Worthington.

16. Grant Application to the California Office of Historic Preservation (PDF)
From: City Manager
Recommendation: Adopt a resolution authorizing staff to apply for a grant available from the California Office of Historic Preservation (OHP) to supplement the funds required to complete the remaining work on the Downtown Berkeley Historic Resources Survey.
Financial Implications: $25,000 grant with 40% match
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,007–N.S.

17. Grant: 2007 Citizens Options for Public Safety Grant Financial Report (PDF)
From: City Manager
Recommendation: Accept fiscal year 2007annual financial report and set a public hearing for April 22, 2008 for the fiscal year 2008 California Citizen's Options for Public Safety (State COPS) grant funding.
Financial Implications: See report.
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Approved recommendation.

18. Contract: K J Woods Construction for Sanitary Sewer Projects (PDF)
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Projects located at Dwight Way, Roosevelt Avenue, Grant Avenue, Russell Street, Rose Street, and Eunice Street; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with K. J. Woods Construction, Inc., until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $569,800 for a term of 220 calendar days from the date of the execution of the contract.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,008–N.S.

19. Audit: Revenue At Risk? Medi-Cal Mental Health Interim Audit - Scope Limitation/ Lack of Contract with County/ Insufficient Monitoring of Remittance (PDF)
From: City Auditor
Recommendation: Request the City Manager to report back on or before October 2008, and every six months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.
Financial Implications: See report.
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation

20. 126 Opportunities to Increase Revenues, Control Costs, and Decrease Risk: What Happens to an Audit Recommendation Deferred? (PDF)

From: City Auditor
Recommendation: Direct the City Manager to:

  1. Resolve issues that prevent implementation of recommendations of the 1999 Budget Monitoring Audit regarding improved accountability, skills, and training in budget monitoring.
  2. Develop and document the strategy in place to resolve issues related to the Sungard/HTE FUND$ financial systems software that, according to City staff, prevent them from implementing audit recommendations.
  3. Report to Council on progress made on these issues by May 20, 2008, and no less frequently than every six months thereafter, until resolved.

Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action:  Approved recommendation

21. Assembly Bill 851 (Medi-Cal Working Disabled Program) (PDF)
From: Commission on Disability
Recommendation: Write a letter in support of AB 851 to Governor Arnold Schwarzenegger and Assembly Member Julia Brownley (Santa Monica)
Financial Implications: None
Contact: Paul Church, Commission Secretary, 981-6300
Action:  Approved recommendation.

22. Seventh Annual Peace Lantern Ceremony (PDF)
From: Peace and Justice Commission
Recommendation: Endorse the Seventh Annual Peace Lantern Ceremony to be held in Aquatic Park on or about Saturday, August 9, 2008; and direct the City Manager to post the event on the City's Community Calendar once the date is finalized.
Financial Implications: None
Contact: Manuel Hector, Commission Secretary, 981-5100
Action:  Approved recommendation.

Council Consent Items

23. Support of a Global Marshall Plan for Universal Wellbeing, Security and Environmental Survival (PDF)
From: Councilmember Worthington
Recommendation: Adopt a resolution in support of a Global Marshall Plan for Universal Wellbeing, Security and Environmental Survival
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Moved to Action Calendar.  M/S/C (Capitelli/Wozniak) to continue to April 22, 2008.  Vote:  Ayes – Maio, Moore, Anderson, Spring, Capitelli, Wozniak, Bates; Noes – None; Absent – Olds, Worthington.

24. Opposing "The Ban on Killing a Viable Unborn Baby Prior to Birth" Act (PDF)
From: Councilmember Worthington
Recommendation: Adopt a motion opposing "The Ban on Killing a Viable Unborn Baby Prior to Birth" Act, which has been proposed for the November 2008 statewide ballot.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.  Vote:  Ayes – Maio, Moore, Anderson, Olds, Worthington; Noes – None; Abstain – Bates, Spring, Capitelli, Wozniak.

25. Oppose AB 2601 (Benoit) - Withholding VLF from Sanctuary Cities (PDF)
From: Mayor Bates
Recommendation: Oppose AB 2601 (Benoit) which withholds Vehicle License Fees (VLF) to any city that is declared to be a sanctuary city and direct the City Manager to send a letter of opposition to:  Senator Don Perata, Pro-Tempore, Assemblyman Charles Calderon, Chair, Assembly Revenue and Taxation Committee Assemblyman John Benoit, Assemblywoman Loni Hancock, Oksana Jaffe, Chief Consultant, Assembly Revenue and Taxation Committee
Financial Implications: $8 million in VLF revenue
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendation.

Recess – 8:29 p.m. – 8:42 p.m.

Worthington present 8:43 p.m.

Action Calendar – Public Hearing

26. ZAB Appeal: 161 Panoramic Way (PDF)
From: City Manager
Recommendation: Complete the public hearing and upon conclusion, adopt a Resolution adopting the revised mitigated negative declaration and approving Use Permit No. 04-10000145 to construct a new single family dwelling at 161 Panoramic Way.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing.  5 speakers.  M/S/C (Maio/Worthington) to close the public hearing.

Action: M/S/C (Capitelli/Olds) to adopt Resolution No. 64,009–N.S. as amended to include placement of advanced life support services above the construction site during delivery of materials on foot until the pull out is available for use.  Vote: Ayes – Maio, Moore, Capitelli, Olds, Bates; Noes – Anderson, Worthington, Wozniak; Abstain – Spring.

Action Calendar – Old Business

27. Legal Options for Challenging Aerial Spraying to Eradicate Light Brown Apple Moth (PDF)
From: City Manager
Recommendation: Authorize the Acting City Attorney to work with other Bay Area jurisdictions to file a lawsuit to enjoin aerial spraying to eradicate the Light Brown Apple Moth in the Bay Area, and to join in such a lawsuit if it is filed, subject to financial limitations to be determined by the Council.
Financial Implications: Unknown at this time.
Contact: Zach Cowan, City Attorney, 981-6900:

Action: Moved to Consent Calendar.  Authorize the Acting City Attorney to work with other Bay Area jurisdictions to file a lawsuit to enjoin aerial spraying to eradicate the Light Brown Apple Moth in the Bay Area, and to join in such a lawsuit if it is filed, subject to a financial limitation of $25,000 and contingent on other cities contributing  proportionally.  Staff to report back with periodic updates.

28.  Proposed Condo Conversion Ordinance, BMC Chapter 21.28

a. From: City Manager (PDF)
Recommendation:
Adopt first reading of a new Condominium Conversion Ordinance
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

b. From: Housing Advisory Commission (PDF)
Recommendation:
Amend Section 21.28.050.C. of the revised Condominium Conversion Ordinance (CCO) before you this evening, to require that existing and future tenants occupying converted units, along with the homeowners association and all purchasers of converted condominium units, be notified of remaining violations of housing and building codes found during the CCO’s local law compliance process.
Financial Implications: None
Contact: Oscar Sung, Housing Advisory Commission, 981-5400

Speakers – 8

Action: M/S/C (Worthington/Spring) to: adopt first reading of Ordinance No. 7,025–N.S. as amended.  Second reading scheduled for April 22, 2008. Staff to return on September 23, 2008. Vote: Ayes – Maio, Moore, Anderson, Spring, Capitelli, Worthington, Bates; Noes – Wozniak; Abstain – Olds.

M/S/C (Maio/Moore) to extend to 11:30 p.m.

M/S/C (Maio/Capitelli) to extend to 12:00 a.m.

Action Calendar - New Business

29. Amendments to BMC 12.70 Regarding Smoking Prohibitions (PDF)
From: City Manager
Recommendation: Discussion and possible adoption of first reading of an Ordinance making the following amendments to Berkeley Municipal Code section 12.70:  1) Amend BMC 12.70.020 (C) which defines "Commercial Area Sidewalk"; 2) Amend
MC 12.70.060 to clarify signposting requirements.
Financial Implications: See report.
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,026–N.S.  Second reading scheduled for April 22, 2008.

30. Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2008 General Municipal Election (PDF)
From: City Manager
Recommendation: Provide general direction regarding possible City revenue measures, to be submitted to the voters at the November 4, 2008 General Municipal Election for:

·    Public Safety Police
·    Public Safety Fire
·    Youth Success and Violence Prevention
·    Watershed Management (Clean Storm Water)
·    Warm Water Pool
·    Other Capital Projects

Financial Implications: See report.
Contact: Phil Kamlarz, City Manager, 981-7000

Speakers – 3

Action: M/S/C (Moore/Maio) to approve the revised recommendation to direct the City Manager to work with the newly created council subcommittee (Maio, Moore Spring, Olds) to:

  1.  Test voter interest in types of programs in the area of Public Safety, Infrastructure, Recreation (including warm water pool) and Library as presented by staff.
  2. Explore options for combining measures.
  1. Test various monetary thresholds.
  2. Return with voter survey results no later than May 6, 2008

Vote: Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak, Bates; Noes – None.

Action Calendar – Council Items

31. Restore the Civic Arts Coordinator position at full-time (1.0 FTE) for FY 2009 (PDF)
From: Mayor Bates, Councilmembers Moore, Capitelli and Worthington
Recommendation: Adopt the Mayor’s June 2007 Budget Recommendation to:

1) Maintain the Civic Arts Coordinator position at full-time (1.0 FTE) effective FY 2009

2) Request the City Manager identify a funding source outside of the Public Art Fund in the amount of $60,000 necessary to support the position effective FY 2009 and on a permanent basis thereafter.

Financial Implications: General Fund - $60,000
Contact: Darryl Moore, Councilmember, District 2 981-7120

Speakers – 2

Action: M/S/C (Moore/Worthington) to approve the revised recommendation to:

1) Maintain the Civic Arts Coordinator position at full-time (1.0 FTE) effective FY 2009, and

2) Ensure that no more than half of $60,000 necessary to support the position effective FY 2009 and on a permanent basis thereafter. shall come from the Public Art Fund.

Vote: Ayes – Moore, Anderson, Spring, Capitelli, Worthington, Bates; Noes – Maio, Wozniak; Abstain – Olds.

32. Support of Human Rights Torch Relay (PDF)
From: Councilmember Worthington
Recommendation: Adopt a resolution supporting the Human Rights Torch Relay.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Speakers – 3

Action: M/S/C (Worthington/Maio) to adopt Resolution No. 64,010–N.S. Vote: Ayes Maio, Moore, Anderson, Spring, Olds, Worthington, Bates; Abstain – Capitelli, Wozniak

33. Support of Re-Establishing an East Bay Public Safety Corridor Partnership (PDF)
From: Councilmembers Worthington and Moore
Recommendation: That the Berkeley City Council adopt a resolution to express its support for re-establishing an East Bay Public Safety Corridor Partnership and direct the City Manager to send a letter to governmental agencies and stakeholders to request their support in joining a Partnership.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,011–N.S.

34. Urging Chinese Government To End Its Violent Suppression Of Peaceful Demonstrations In Tibet (PDF)
From: Councilmember Worthington
Recommendation: Adopt a Resolution urging the Chinese government to end its violent suppression of peaceful demonstrations in Tibet. 
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Speakers – 4

Action: M/S/C (Worthington/Moore) to adopt Resolution No. 64,012–N.S.  Vote: Ayes – Maio, Moore, Anderson, Spring, Olds, Worthington, Bates; Abstain – Capitelli, Wozniak.

35. Additional Public Notice on Commission Recommendations and Actions (PDF)
From: Councilmember Wozniak
Recommendation: To insure that the Public has the opportunity to comment on recommendations from and action by commissions, the Council asks the City Manager to investigate the feasibility of implementing the following proposals:

1)   At the time when a commission’s agenda is posted on the City Web site, it shall be accompanied by posting of the complete information packet distributed to members of the commission for that meeting, including any text of proposed actions, except any confidential information.

2)   Within a specified number of days after each commission meets (to be determined after Council receives input on this proposal from commissions and staff), an annotated agenda shall be posted on that commission's Web page listing actions taken by the commission, including the language of items adopted, except any confidential information (similar to the annotated Council agenda posted after its meetings).

3)   At the time when the Council Agenda Committee's agenda is posted on the City Web site, it shall be accompanied by posting of the full language of any proposals from commissions to be considered for the Council agenda under discussion, except any confidential information.

4)   The Manager shall report to Council by the end of June, 2008 regarding methods the City could implement on its Web site to facilitate public comment on any commission proposal, such as links from the text of the proposal to a "Comments" page, with such comment becoming part of the public record of the commission (if the comment is received prior to the commission's action on that item) or of the City Council (if the comment is received after a recommendation has been adopted by the commission for Council consideration).

5)   This proposal shall be circulated to all commission members by May 1, 2008 for comment. For those commissions that do not meet before May 1, 2008, copies shall be mailed to members individually.

6)   Elements of this proposal may be phased in over time, each new phase being applicable simultaneously to all City commissions.

Financial Implications: Staff time.
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180

Action: M/S/C (Wozniak/Worthington) to approve councilmember Wozniak’s recommendation to request the City Manager investigate the feasibility of implementing the following proposals:

1)   At the time when a commission’s agenda is posted on the City Web site, it shall be accompanied by posting of the complete information packet distributed to members of the commission for that meeting, including any text of proposed actions, except any confidential information.

2)   Within a specified number of days after each commission meets (to be determined after Council receives input on this proposal from commissions and staff), an annotated agenda shall be posted on that commission's Web page listing actions taken by the commission, including the language of items adopted, except any confidential information (similar to the annotated Council agenda posted after its meetings).

3)   At the time when the Council Agenda Committee's agenda is posted on the City Web site, it shall be accompanied by posting of the full language of any proposals from commissions to be considered for the Council agenda under discussion, except any confidential information.

4)   The Manager shall report to Council by the end of June, 2008 regarding methods the City could implement on its Web site to facilitate public comment on any commission proposal, such as links from the text of the proposal to a "Comments" page, with such comment becoming part of the public record of the commission (if the comment is received prior to the commission's action on that item) or of the City Council (if the comment is received after a recommendation has been adopted by the commission for Council consideration).

5)   This proposal shall be circulated to all commission members by May 1, 2008 for comment. For those commissions that do not meet before May 1, 2008, copies shall be mailed to members individually.

6)   Elements of this proposal may be phased in over time, each new phase being applicable simultaneously to all City commissions.  Vote: Ayes – Maio, Moore, Spring, Capitelli, Olds, Worthington, Wozniak, Bates; Noes – Anderson.

Information Reports

36. Audit: Emergency Medical Personal Protective Equipment (PDF)
From: City Manager
Contact: Debra Pryor, Fire, 981-3473
Action:  Received and filed.

37. Update: Implementation of Information Systems General Controls Audit (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Received and filed.

38. Update: Implementation of FUND$ Change Management Audit (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Received and filed.

39. Audit: Association For Sports Field Users (PDF)
From: City Manager
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Received and filed.

40. Status Report: Telecommunication Ordinance, Testing, and Equipment (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

41. Implementation of the Police Department's Response to the Police Review Commission’s Report on Evidence Theft Issues (PDF)
From: City Manager
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Received and filed.

42. Developing a City Preferred Alternative for Bus Rapid Transit (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-5400
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda –0

Adjournment – 11:59 p.m.

Communications – 03/25/08 (PDF) 

Item 26: ZAB Appeal: 161 Panoramic Way
1.  Ann Slaby (3)
2.  Regula Muller
3.  William Robbins
4.  Deborah Raphael
5.  Jerry Wachtel, Panoramic Hill Association

Item 28: Proposed Condo Conversion Ordinance, BMC Chapter 21.28
 6.  Vince Young

Item 30: Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2008 General Municipal Election
7.  Marie Bowman, on behalf of Friends Protecting Berkeley’s Resources

Wild Turkeys at Lawrence Berkeley National Lab
8.   Citizens’ Human Commission

Instant Runoff Voting
9.   Barbara Gilbert
10. Sharon Hudson

Berkeley’s Clean Water Efforts
11.  L.A. Wood

Margaret Lowry
12.  Yvette Deas

First Amendment Activities
13.  Sharon Adams

Local Business Owner Commentary
14.  Robert Gaustad

Marine Recruiting Office/Code Pink
Voluminous correspondence on file and available for viewing in the City Clerk’s Office

Supplemental Communications and Reports 1 (PDF)

Item 26: ZAB Appeal: 7 Panoramic Way
15. Catherine Orozco

Item 28: Proposed Condo Conversion Ordinance, BMC Chapter 21.28
16. John Blankenship
17. Michael St. John, on behalf of David Wilson
18. Mary Myers

Item 30: Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2008 General Municipal Election
19. James Cisney
20. Karen Davis
21. Stephen Swanson
22. Heather Sarantis
23. Marie Bowman
24. Christine Gimmler
25. Renee Soule
26. Paula Wagner
27. Vivian Pisano

Item 31: Restore the Civic Arts Coordinator position at full-time (1.0 FTE) for FY 2009
28. Lisa Bullwinkel

Item 42: Developing a City Preferred Alternative for Bus Rapid Transit
29.
 Sabrina Porch, on behalf of Emily Marthinsen
30.
 Hank Resnik, on behalf of Friends of BRT

Supplemental Communications and Reports 2 (PDF)

Item 6: Construction of New Berkeley Animal Care Shelter

  • Supplemental materials, submitted by City Manager

Item 26: ZAB Appeal: 161 Panoramic Way
31.  Dennis & Barbara Snyder
32.  Unknown (4)

Item 28(a): Proposed Condo Conversion Ordinance, BMC Chapter 21.28

  • To Be Delivered Report, submitted by Planning & Development

Item 30: Discussion and Direction Regarding Potential Ballot Measures for the November 4, 2008 General Municipal Election

  • To Be Delivered Report, submitted by City Manager

33.  Annie Hallatt
34.  Janet McColl

 

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