Regular Meeting Annotated Agenda
July 15, 2008

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 15, 2008

7:00 pm

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 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Vacant

District 8 – Gordon Wozniak


Preliminary Matters

Roll Call:  7:01 p.m.  All present.

Ceremonial Matters:

  1. Remembering Dona Spring.

City Manager Comments:  None

Public Comment on Non-Agenda Matters: 3

Public Comment on Consent Calendar and Information Items Only: 0

Consent Calendar

Action: M/S/C (Worthington/Maio) to adopt Consent Calendar in one motion except as indicated:

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
Action: Adopted second reading of Ordinance No. 7,052–N.S.

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. Second Reading Vote: All Ayes.
Financial Implications: See report.
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,053–N.S.

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
Action:  Adopted first reading of Ordinance No. 7,054–N.S.  Second reading scheduled for July 22, 2008.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,134–N.S.

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
Action:  Adopted Resolution No. 64,135–N.S.

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
Action:  Adopted Resolution No. 64,136–N.S.

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
Action:  Adopted Resolution No. 64,137–N.S.

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
Action:  Adopted first reading of Ordinance No. 7,055–N.S.  Second reading scheduled for July 22, 2008.

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:  Adopted first reading of Ordinance No. 7,056–N.S.  Second reading scheduled for July 22, 2008.

Action Calendar – Old Business

11. Placing Measures on the November 4, 2008 Ballot (Continued from July 8, 2008) (pdf)
Revised Material (pdf) 
Supplemental Material (pdf)
Supplemental Material 2 (pdf) 

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

Action: 
a.1  M/S/C (Maio/Capitelli) to continue to July 22, 2008.  Vote:  All Ayes.
a.2  M/S/C (Maio/Capitelli) to direct staff to return with the Ballot Question language recrafted into more general terms.  Vote: Ayes – Maio, Moore, Anderson, Capitelli, Olds, Wozniak, Bates; Noes – Worthington.

b.  M/S/C (Moore/Wozniak) to approve the draft Joint Resolution between City of Berkeley and Berkeley Unified School District revised to include the following:

  • Access the facility needs and utilization of current public pool sites, including the three community pools and the warm water pool, and make recommendations to the City Council and School Board on how the City should put forth a June 2010 bond measure that would construct a new warm water pool and possibly fund renovations or other improvements deemed necessary for the three existing community pools and/or fund new pool construction.
  • Make recommendations to City Council and School Board on potential sites for the warm water pool, and possibly other pools, to be studied and provide the public forum for the CEQA process.  The Berkeley School Board and Berkeley City Council agree that the warm water pool will be located at either West Campus or another site (considering a co-generation site) approved by both parties within a public process.
  • Estimate operating costs and existing and/or potential funding sources for ongoing operating expenses for all proposed scenarios.  Vote:  All Ayes.

Final Resolution for adoption to return on July 22, 2008.

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

Action: 
1.   M/S/C (Worthington/Moore) to adopt Resolution No. 64,138–N.S.  Vote:  All Ayes.

2.   M/S/C (Worthington/Moore) to designate the following Councilmembers to file ballot measure arguments as provided for in Elections Code Section 9282.  Vote:  All Ayes.

  •  Fire and Disaster Preparedness Tax – Councilmember Maio
  • Library Bond – Councilmember Moore
  • Redistricting Timelines-Charter Amendment – Councilmember Wozniak
  • GANN Limit Override Renewal for Parks, Library, Emergency Medical Services (EMS), and Emergency Medical Services For Severely Disabled Persons – Councilmember Wozniak
  • Landmarks Preservation Ordinance (LPO) Referendum – Mayor Bates

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
Action:  Continued to July 22, 2008.

14. ZAB Appeal: 921 Parker Street (Continued from July 8, 2008) (pdf)
From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 08-10000057 to establish office use in an existing light industrial building.
Financial Implications: None.
Contact: Dan Marks, Planning and Development, 981-7400
Action: M/S/C (Moore/Anderson) to adopt Resolution No. 64,139–N.S.  Vote:  Ayes – Maio, Moore, Anderson, Capitelli, Olds, Wozniak, Bates; Abstain – Worthington.

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
Action: Continued to July 22, 2008.

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, 981-7150

b. 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

Action: Continued to July 22, 2008.

Information Reports

17. Voluntary Time Off Program for FY 2009 (pdf)
From: City Manager
Contact: Tracy Vesely, Budget Manager, 981-7000
Action:  Received and filed.

18. EMERGENCY ITEM; Vacancy in the Office of Council Member for District 4 (pdf)
From: City Manager
Recommendation:
1.   Add this item to the Agenda pursuant to Government Code Section 54954.2(b)(2) because the issues discussed herein became known after the agenda was posted and because, for the reasons discussed below, there is a need to take immediate action. A two-thirds vote is required for this action.

2.   Adopt a Resolution (a) establishing the general municipal election of November 4, 2008 as the election at which the vacancy in the office of council member representing District 4 will be filled, (b) opening the nomination period for that office on July 16, 2008, and (c) amending Resolution No. 64,080–N.S. (call of the election) to add the election for council member for District 4 to the November 4, 2008 general municipal election, including requesting the Alameda County Board of Supervisors to consolidate this election with the Presidential general election.
Financial Implications: General Fund - $15,000.
Contact: Christine Daniel, Deputy City Manager

Action: 
1.   M/S/C (Maio/Worthington) to add item to the agenda.
2.   M/S/C (Maio/Worthington) to adopt Resolution No. 64,140–N.S.

Public Comment – Including Items Not Listed on the Agenda – 1

Adjournment – 9:42 p.m. in honor of Dona Spring and Louise Marquis

Communications (pdf)

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

Kudos to Berkeley Emergency Teams
2.  Dorothy Bryant

Supplemental Communications and Reports 1(pdf)

Item 11: Placing Measures on the November 4, 2008 Ballot
3.  Michael & Elinore Katz
4.  Judith Epstein, on behalf of the Berkeley Neighborhood Preservation Organization
5.  MK Murlas
6.  Kim Boston
7.  Marianne Wyss
8.  Matthew Taecker
9.  Hedy Hightower-Reeves
10.  Bea Weicker
11.  Priscilla Myrick

Item 14: ZAB Appeal: 921 Parker Street
12.  Robia Chang, Miller, Starr & Regalia

Supplemental Communications and Reports 2 (pdf)

Item 11: Placing Measures on the November 4, 2008 Ballot

  • Revised and supplemental materials, submitted by City Manager (see agenda item)
  • Supplemental materials, submitted by Mayor Bates (see agenda item)

13.  Unknown (oversized photos available for viewing in City Clerk’s office)

Item 14: ZAB Appeal: 921 Parker Street
14.  Zelda Bronstein

EMERGENCY ITEM Vacancy in the Office of Council Member for District 4

  • To Be Delivered report, submitted by City Manager (see agenda item)

Tree Sitters at Memorial Stadium
15.  Mark Yudof, President, University of California, Berkeley