Regular Meeting eAgenda
October 28
, 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.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.

*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@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 28, 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 – Betty Olds

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – vacant

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.

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.   Amendment to Trespassing Ordinance, BMC 13.52.020 (PDF)
From: City Manager
Recommendation:
Adopt second reading of Ordinance No. 7,064–N.S. amending Section 13.52.020 of the Berkeley Municipal Code regulating trespassing.
Financial Implications: None
First Reading Vote: Ayes: Maio, Anderson, Capitelli, Olds, Worthington, Wozniak, Bates; Absent: Moore
Contact: Zach Cowan, City Attorney’s Office, 981-6950

2.   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: Sanitary Sewer Operation - $670,000
Contact: Robert Hicks, Finance, 981-7300

3.   Maximum Taxicab Fare Rate Increase (PDF)
From: City Manager
Recommendation:
Adopt a Resolution amending Section C of Resolution No. 58, 489–N.S. to increase the maximum taxicab fare rate from $2.40 to $3.00 for the flag drop, from $.0.24 to $0.26 per 1/10 mile, and Waiting Time or Traffic Delay to $26.00 per hour or $0.26 for each 36 seconds, effective November 3, 2008.
Financial Implications: None
Contact: Robert Hicks, Finance, 981-7300

4.   Contract Signature Authorization (PDF)
From: City Manager
Recommendation:
Adopt a Resolution acknowledging that the City Manager and his/her designated representatives are authorized to enter into and execute formal agreements with the County of Alameda, and sign invoices, financial documents, and similar binding documents on behalf of the City of Berkeley.
Financial Implications: None
Contact: Fred Medrano, Health and Human Services, 981-5100

5.   Contract: Transition Age Youth Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Youth Emergency Assistance Hostel (YEAH!) to provide the City with a program for supportive daytime activities for transition age youth in an amount not to exceed $100,000 for the period December 1, 2008 through November 31, 2009.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

6.   Contract No. 7489 Amendment: Enterprise Server Bus Software ("Middleware") (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No.  7489 with Software AG (formerly WebMethods) for licensing/maintenance of enterprise server bus software ("middleware") and related services increasing the amount by $140,000 for a total contract amount not to exceed $280,000, and extending the contract term to June 30, 2010.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500

7.   Contract No. 7344 Amendment: Gilman Fields Project Wetland Mitigation - LSA Associates (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7344 with LSA Associates, Inc. for environmental consulting services for the Gilman Fields Project by $5,000 for a total not to exceed $41,336 and extending the term through December 31, 2009.
Financial Implications: General Fund - $41,336
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

8.   Contract No. R7572 Amendment of License Agreement with Young Kim dba Bay Point Sales (Bait Shop at Berkeley Marina) (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to the license agreement Contract No. R7572 with Young Kim doing business as Bay Point Sales at 225 University Avenue in Berkeley, California that commenced on April 22, 2008 and runs through December 31, 2014. 
Financial Implications: Marina Enterprise Fund - $156,473 (revenue)
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700

9.   Grant and Contract: 2008 COPS Technology Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept $93,530 in Federal funds from the U. S. Department of Justice Office of Community Oriented Policing Services (COPS) 2008 Technology Program to be used for equipment and technology in conjunction with the Public Safety Information Technology Project.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900

10.  Contract No. 6977 Amendment: Chrisp Company for Thermoplastic Roadway Markings (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 6977 with Chrisp Company for thermoplastic roadway markings increasing the amount by $5,663 for a total not to exceed $1,205,663 for the period June 1, 2006 through May 31, 2009.
Financial Implications: Traffic Congestion Relief Fund -  $5,663
Contact: Claudette Ford, Public Works, 981-6300

11.  Contract No. 6278A Amendment: St. Vincent de Paul Society of Lane County for Mattress Hauling and Recycling Services (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6278A with St. Vincent de Paul Society of Lane County, Inc. to haul and recycle mattresses from the Berkeley Transfer Station, increasing the amount by $240,000 for a total amount not to exceed $578,000, and extending the term an additional 32 months to include the period February 1, 2004 through June 30, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

12.  Referral to Parks and Recreation Commission: List of Street Trees Suitable for Planting (PDF)
From: Councilmembers Olds and Capitelli
Recommendation:
Refer to the Parks and Recreation Commission a request to propose a list of street trees suitable for planting that will not grow up into the PG&E lines to prevent the mutilation and hideous pruning of our street trees.
Financial Implications: None
Contact: Betty Olds, Councilmember, District 6, 981-7160

13.  Dog Use at Great Stone Face Park (PDF)
From:  Councilmember Capitelli
Recommendation:
Request the City Manager to direct Parks staff to research and study which legal or physical options may exist to create some legal off-leash dog use at Great Stone Face Park.  Such things as limited hours, fencing or any other practice in use in other jurisdictions should be considered.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember District 5, 981-7150

14.  Referral To City Manager: Research Limiting Plastic Bottle Use In Public Operations (PDF)
From:  Mayor Bates
Recommendation:
Refer to the City Manager to research the feasibility of limiting plastic bottle use in the City of Berkeley’s operations.
Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

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.

15.  Presentation: South and West Berkeley Community Safety (PDF)
Contact: Lisa Caronna, Deputy City Manager, 981-7000

Information Reports

16.  Audit Update: Purchase Order Audit - Select Public Works Divisions at the Corporation Yard (PDF)
From: City Manger
Contact: Claudette Ford, Public Works, 981-6300


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 October 23, 2008.

Deanna Despain, Acting 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.

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