Regular Meeting eAgenda
June 2
, 2009

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Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
Tuesday, June 2, 2009
7:00 P.M.
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, CMC, 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: 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.   Easement Acceptance: 920 Heinz (West Berkeley Bowl) (PDF)
From:  City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,084–N.S. authorizing the City Manager to accept the Berkeley Bowl Grant of Easement for a bicycle pathway easement on the West Berkeley Bowl site at 920 Heinz Street.
Financial Implications: None.
First Reading Vote: All Ayes
Contact: Dan Marks, Planning and Development, 981-7400

2.   Assessment: Telegraph Property and Business Improvement District (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving the Annual Assessment Report for the Telegraph Property and Business Improvement District (TBID) for FY 2009, declaring an intention to levy special assessments in the District for FY 2010 and setting a Public Hearing on this topic for July 14, 2009.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

3.   East Bay Cultural Corridor (PDF)
From: City Manager
Recommendation:
Approve the City of Berkeley's participation in the East Bay Cultural Corridor project in conjunction with the cities of Oakland, Emeryville and Richmond to promote arts marketing and cultural tourism in the East Bay.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

4.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes of the May 19, 2009 City Council Meetings (special and regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

5.   Notice of Appropriations Limit For Fiscal Year 2010 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2010 at its meeting of June 23, 2009; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk's Office on or before June 8, 2009.
Financial Implications: None.
Contact: Robert Hicks, Finance, 981-7300

6.   Community Services Block Grant Recovery Act Local Plan (PDF)
Recommendation: Approving the Community Services Block Grant (CSBG) Local Recovery Plan submitted to the California Department of Community Services on May 11, 2009; and authorizing the release of a Request for Proposal and the execution of any agreements and amendments resulting from the City of Berkeley's allocation of Community Services Block Grant funding available under the American Recovery and Reinvestment Act of 2009 - (ARRA).
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

7.   Contract No. 7223 Amendment: Network Architecture & Bandwidth Security (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend contract No. 7223 with ExtraTeam IT Consulting Group Inc. for network architecture and bandwidth security upgrades, increasing the amount by $100,000, for a total contract not to exceed $225,000, for the period December 4, 2006 to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

8.   Contract No. 7394 Amendment: New World Systems Inc - Public Safety Computer Systems (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend contract No. 7394 with New World Systems Inc. to include annual licensing maintenance of the City's core public safety software system, increasing the amount by $268,000, for a total contract not to exceed $2,268,000 for the period September 1, 2006 to June 30, 2011.
Financial Implications: General Fund - $268,000
Contact: Donna LaSala, Information Technology, 981-6500

9.   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. for Email subscription services, increasing the amount by $18,200 for a total contract amount not to exceed $88,340 and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

10.  Contracts: Logan Surveying, BKF Engineers, Moran Engineering, Inc., and Paul O. Webb – Licensed Surveyor for General Surveying Services (PDF)
From: City Manager
Recommendation:
Adopt 4 Resolutions authorizing the City Manager to execute contracts and any amendments, extensions or other change orders with 1) Logan Surveying in an amount not to exceed $250,000; 2) BKF Engineers in an amount not to exceed $250,000; 3) Moran Engineering, Inc. in an amount not to exceed $250,000; and 4) Paul O. Webb - Licensed Surveyor in an amount not to exceed $250,000, to provide on-call general survey services for various Public Works projects and requests from other departments for a period of three years for a total amount not to exceed $1,002,000.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

11.  Contract 7086C Amendment: Civicorps Schools (formerly EBCC) for Storm Drain Cleaning Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7086C with Civicorps Schools (formerly East Bay Conservation Corps) for storm drain cleaning services, increasing the amount by $50,000, for a total amount not to exceed $230,000 for the period October 18, 2006 to June 30, 2010.
Financial Implications: Clean Storm Drain Fund - $50,000

Contact: Claudette Ford, Public Works, 981-6300

12.  Contract No. 7648 Amendment: Gallagher & Burk, Inc. for Street Rehabilitation FY 2008 Phase 2 (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 7648 with Gallagher & Burk, Inc. for the Street Rehabilitation FY 2008 Phase 2 Project, increasing the amount by $59,100, for a total amount not to exceed $2,225,134 and extending the term to September 30, 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

13.  Proposition 1B (Transportation Bond) Funding for University Avenue Pavement Rehabilitation Project Phase 3 from Sacramento to Oxford (PDF)
From: City Manager
Recommendation:
Adopt a Resolution approving use of FY 2009 Proposition 1B funding in the amount of $1,580,991 for the University Avenue Pavement Rehabilitation Project Phase 3 from Sacramento to Oxford.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

14.  Appointment to Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation:
Approve the appointment of Carole Marasovic to the Mental Health Commission, as a representative of the General Public Interest Category, for a three-year term beginning June 3, 2009 and ending June 2, 2012.
Financial Implications: None.
Contact: Carol Patterson, Commission Secretary, 981-5100

15.  Audit Report: Workers’ Compensation Costs Can Be Reduced by Improved In-House Processing and Adherence to Contract Terms (PDF)
From: Auditor
Recommendation:
Request the City Manager to report back on or before September 1, 2010, 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

16.  Leases Audit: Conflicting Directives Hinder Contract Oversight (PDF)
From: Auditor
Recommendation:
Request the City Manager to report back during or before January 2010 on the implementation status of each of the City Auditor's recommendations in the attached report. Report back no later than every six months, thereafter, until all recommendations have been fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750

Council Consent Items

17.  Refer $24,702 to the FY 2010/2011 Budget Process for Funding of the Berkeley Boosters’ Life Skills Development Summer Leadership Camps (PDF)
From: Councilmembers Moore, Arreguin , Wozniak and Anderson
Recommendation:
Refer the following to the budget process:  A request for $24,702 to the FY 2010/2011 Budget Process for funding of the Berkeley Boosters' Life Skills Development Summer Leadership Camps.
Financial Implications: $24,702
Contact: Darryl Moore, Councilmember, District 2, 981-7120

18.  Refer $44,000 to the FY 2010/2011 Budget Process for Options’ Recovery Services to Hire a Case Manager/Housing and Benefits Coordinator (PDF)
Revised materials (PDF)
From: Councilmembers Moore, Wozniak and Anderson
Recommendation:
Refer $44,000 to the FY 2010/2011 budget process for Options' Recovery Services to hire a Case Manager/Housing and Benefits Coordinator.
Financial Implications: $44,000
Contact: Darryl Moore, Councilmember, District 2, 981-7120

19.  Support SB789, CA Employee Free Choice Act for Farm Workers, To Give Agricultural Employees an Alternative Method for Choosing their Collective Bargaining Representative (PDF)
From: Councilmembers Moore, Arreguin, Worthington and Anderson
Recommendation:
Adopt a Resolution in support of SB789, CA Employee Free Choice Act for Farm Workers, to give agricultural employees an alternative method for choosing their collective bargaining representative.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

20.  Urge President Obama To End The "Don't Ask, Don't Tell" Policy and Not To Fire Lt. Dan Choi (PDF)
From: Councilmembers Moore, Arreguin, Worthington and Anderson
Recommendation:
Adopt a Resolution urging President Obama to end the "Don't Ask, Don't Tell" policy and not to fire Lt. Dan Choi.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

21.  Official City Sponsorship of the Fourth Annual Berkeley International Food Festival (PDF)
From: Councilmembers Moore and Maio
Recommendation:
Approve City co-sponsorship of the 4th Annual Berkeley International Food Festival.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

22.  Clarification of the Soft Story Ordinance (PDF)
From: Councilmembers Capitelli and Wengraf
Recommendation:
Request that the City Manager direct staff to review Chapter 19.39 of the Berkeley Municipal Code, the Soft Story Ordinance, and propose language that would clarify the intent of the code: to retrofit at the ground floor level building conditions that result in weak, soft or open front stories.
Financial Implications: Staff time
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

23.  Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds To Reach Fellowship International (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution to approve the expenditure of $1000 to Reach Fellowship International with funds relinquished to the City’s general fund for this purpose from Councilmember Worthington’s discretionary Council Office Budget.
Financial Implications: Councilmember Worthington's Discretionary budget - $1,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

24.  Proclamation in Honor of Joyce Jenkins (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Proclamation honoring Joyce Jenkins to be presented at the 7th Annual Berkeley Poetry Festival on June 6, 2009.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

25.  Budget Referral: 2009 Telegraph LastSundays Fest (PDF)
From: Councilmember Worthington
Recommendation:
Refer to the Budget Process, the expenditure of $6,000 to the 2009 Telegraph LastSunday Fests.
Financial Implications: $6,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

26.  Sixth Annual Berkeley World Music Festival (PDF)
From: Councilmember Worthington
Recommendation:
Adopt a Resolution proclaiming June 6th, 2009 as the Berkeley World Music Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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 – 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.

27.  Downtown Area Plan and Associated General Plan Amendments (PDF)
        Supplemental Report (PDF)
From: City Manager
Recommendation:
Conduct a Public Hearing and upon conclusion, provide direction to staff as to any modifications to the Planning Commission's recommended draft General Plan Amendments conforming the General Plan to the proposed Downtown Area Plan.  A meeting is scheduled for further Council consideration and direction on June 9 prior to Council consideration of adoption on July 7.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – Old Business

28.  Communication with the Attorney General (PDF) (Continued from May 19, 2009)
From: Medical Cannabis Commission
Recommendation: Authorize the Mayor to sign a letter to Attorney General Eric Holder in support of Justice Department actions to focus medical marijuana enforcement on those abusing state and local laws.
Financial Implications: None
Contact: Wendy Cosin, Commission Secretary, 981-7400

29.  Climate Action Plan (PDF)
       Supplemental Report (PDF)
       Supplemental materials (PDF)
       Presentation (PDF)
From: City Manager
Recommendation:
Adopt a Resolution adopting the proposed Negative Declaration for the Berkeley Climate Action Plan (CAP), and adopt the Berkeley Climate Action Plan, including amendments approved by City Council on May 5, 2009.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business
 

30.  Budget Update/Council Comments/ Fiscal Year 2010 Tax Rates and Fiscal Year 2010 Temporary Appropriations
From: City Manager
a.   
Update in Council Budget Referrals and Response to Council Comments (PDF)
Recommendation: Provide comment.
Contact: Tracy Vesely, Budget Manager, 981-7000

b.   FY 2010 Tax Rate: Fire Protection and Emergency Response and Preparedness (Measure GG) (PDF)
Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of $.04083 (4.083 cents) per square foot of improvements for dwelling units and $.061245 (6.1245 cents) for the 18 month period from January 1, 2009 to June 30, 2010; and setting the rate for all other property at an annual rate of $.06179 (6.179 cents) and $.0927(9.27 cents) for the 18 month period from January 1, 2009 to June 30, 2010.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

c.   FY 2010 Tax Rate: Disaster Fire Protection (Measure Q) (PDF)
Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

d.   FY 2010 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (PDF) Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.025%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

e.   FY 2010 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election of November 2008 (PDF)

Revised Agenda Material (PDF)

Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.0001106%.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

f.    FY 2010 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) (PDF)
Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0135%).
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

g.   FY 2010 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (PDF)

Revised Agenda Material (PDF)

From: City Manager
Recommendation:
Adopt first reading of an Ordinance setting the FY 2010 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002) at 0.00001%.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

h.   Temporary Appropriations FY 2010 (PDF)
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2009, until the effective date of the FY 2010 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

31.  Energy Efficiency and Conservation Block Grant Application (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit an application and an Energy Efficiency and Conservation Strategy to the US Department of Energy, execute any related revenue agreements and amendments and accept funds for the Berkeley Energy Initiative, a proposed comprehensive energy audit and improvement incentive program, from Federal Energy Efficiency and Conservation Block Grant program in the amount of up to $1,013,500 for the approximate period from August 1, 2009 through July 31, 2012.
Financial Implications: ARRA Stimulus Fund - $1,013,500
Contact: Dan Marks, Planning and Development, 981-7400

32.  Traffic Calming Policy and Procedures (PDF)
From: City Manager
Recommendation:
Adopt a Resolution establishing a revised Traffic Calming Policy to: 1) establish an annual cycle with specific timelines and procedures for submitting, qualifying and processing traffic calming requests, regardless of where the request originates; 2) conduct data collection and traffic calming studies for requests with a validated problem and that meet specified criteria; 3) generate an annual, updated prioritized list of traffic calming CIP projects; and 4) allocate available funds for implementation of projects according to their priority and 5) rescind Resolution 63,508-N.S.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

33.  Evaluation of Speed Cushions
a. 
From: Commission on Disability (PDF)
Recommendation: Allow for the construction of a “few” additional test areas for speed cushions in the neighborhoods identified per Councilmember’s Maio Council Item of April 21, 2009, in consultation with the City’s Disability Services Specialist and the appropriate Fire Department staff.  During this supplemental test period, continue the existing moratorium on the installation of any additional speed humps, by any name, until a study can be conducted documenting whether any deleterious effects exist for people with disabilities who must traverse over these devices, either as a driver or a passenger, in a variety of vehicle types.
Financial Implications: See report
Contact: Paul Church, Commission Secretary, 981-6300

b. From: City Manager (PDF)
Recommendation: Adopt a Resolution to end the moratorium on installation of vertical deflections (including speed cushions) as an option for physical traffic calming measures. Allow selective implementation of vertical pavement deflections in residential areas on non‑emergency response routes when recommended by a traffic calming study with input from emergency services personnel and the Disability Services Specialist.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

34.  Utility Undergrounding Policy for Rule 20A Monies
a. 
From: Public Works Commission (PDF)
Recommendation: 

1.  Reaffirm past policy adopted by the Council on December 19, 2000 that prioritized the undergrounding of major arterial routes that were also emergency/evacuation routes by adopting the priority routes that meet the convergence of the three criteria:
a.  Major arterial route as designated by the General Plan;
b.  Major emergency/first responder/evacuation route as designated by the General Plan;
c.  Highest traffic volume as determined by the Transportation Division.

2.   Adopt a sequential priority of streets for undergrounding with 20A funds (and other funding when available) as follows:
a.   Ashby/Tunnel (even if Caltrans funding is not obtained)
b.   Sacramento/Hopkins/Gilman
c.   Complete the following current isolated pieces: MLK, Channing to Ashby; Dwight west of MLK; Marin from circle to city line; Solano from above the Alameda to circle.

3.   Encourage the University of California to take responsibility for undergrounding streets that significantly serve the University and its students, namely Hearst, Haste and Dwight from College to MLK; College to Stuart.

4.   Assure the completion of the remaining districts in the pipeline, namely Miller/Stevenson (#47); Grizzly Peak/Summit (#48); and Vistamont/Woodmont (#35A).

5.   Approve the use of 20A funds, in all future 20A projects that meet this policy’s public interest criteria, to pay for the hook ups on private property up to 100 feet of trenching and $1500 for each panel conversion (or up to future limits set by the PUC).  In keeping with the public purposes served by these projects, districts shall be formed for each project requiring notification of all affected property owners but not their signatures on a petition.

6.   Adopt a Five-Year Plan, as attached hereto, and direct the Public Works Commission to work with staff each year to provide the Council with an annual update to the Plan.

Financial Implications: See report
Contact: Jeff Egeberg, Commission Secretary, 981-6400

b. From: City Manager (PDF)
Recommendation: Accept the recommendations in the companion report from the Public Works Commission with additional provisions as presented in this report regarding (1) potential funding from Caltrans on Ashby Avenue/Tunnel Road, (2) use of Rule 20A funds on private property, and (3) the extent of the 5-year plan presented by the Commission.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6400

35.  Crisis Intervention Training for Berkeley Police Officers
a. 
From: Mental Health Commission (PDF)
Recommendation: Authorize a FY 2010-11 General Fund allocation in the amount of $125,000 to provide eight hours of Crisis Intervention Training for all Berkeley police officers to effectively interact with persons experiencing acute mental health crises.
Financial Implications: General Fund - $125,000
Contact: Carol Patterson, Commission Secretary, 981-5100

b. From: City Manager (PDF)
Recommendation: Direct the Police and Health and Human Services Departments to jointly develop a pilot eight-hour Crisis Intervention Training for Berkeley Police Officers in collaboration with the Crisis Intervention Training (CIT) Subcommittee of the Mental Health Commission.
Financial Implications: See report.
Contact: Fred Medrano, Health and Human Services, 981-5100

Action Calendar – Councilmember Items

36.  City Attorney - Extend Length of Search (PDF)
From: Councilmember Worthington
Recommendation:
That the Berkeley City Council extend the search for the City Attorney to July 7th 2009.
Financial Implications: Unknown
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Information Reports

37.  Financial Impacts of Proposed Sunshine Ordinance Charter Amendment (PDF)
From: City Manager
Contact: Christine Daniel, Deputy City Manager, 981-7000

38.  Summary of Activities for 2008 and Work Plan for 2009 (PDF)
From: Fair Campaign Practices Commission
Contact: Zach Cowan, City Attorney's Office, 981-6950

39.  Parcel Based Special Taxes, Fees and Assessments Audit - Status Report (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300

40.  Business License Tax Program Audit Report Fiscal Year 2008 (PDF)
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750

41.  Transmission of Annual Management Letter from Outside Auditors (PDF)
From: Mayor Bates
Contact: Tom Bates, Mayor, 981-7100

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.

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.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.

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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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 May 28, 2009.

Deanna Despain, CMC, City Clerk


 
Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 27: Downtown Area Plan and Associated General Plan Amendments
1.  Martha Nicoloff
2.  Clifford Fred

Item 29: Climate Action Plan
3.  Michael Katz
4.  Martha Nicoloff
5.  Shirley Dean
6.  Janice Thomas, on behalf of Save Strawberry Canyon
7.  Clifford Fred
8.  Austene Hall
9.  Pamela Sihvola, on behalf of Committee to Minimize Toxic Waste (CMTW)
10. Judith Epstein

Item 34: Utility Undergrounding Policy for Rule 20A Monies
11. Samuela Evans

Comments Regarding Pacific Steel Casting Company
12. Janice Schroeder, on behalf of West Berkeley Alliance for Clean Air and Safe Jobs

Proposition1E
13. Howard King, on behalf of the Berkeley/Albany Mental Health Commission

Library Budget/Barcode System
14. Gene Bernardi, on behalf of Berkeleyans Organizing for Library Defense (SuperBOLD)
15. Arlene Merryman

Sweatfree Purchasing
16. Jordan Wells

Crime Containment Policy
17. Sam Herbert

Salvation Army Store Closure
18. Maris Arnold

Peak Oil Impacts on Berkeley
19. Erica Etelson, on behalf of the Berkeley Oil Independence Task Force