Regular Meeting eAgenda
November 16, 2010

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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.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

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AGENDA
 
BERKELEY CITY COUNCIL MEETING
 
Tuesday, November 16, 2010
 
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 – 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.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the City of Albany for Berkeley Animal Care Services to provide animal shelter and field services for the City of Albany in an amount not to exceed $47,025 per year, to be paid by the City of Albany for services from July 1, 2010 through June 30, 2013.
Financial Implications: General Fund - $47,025 (revenue)
Contact: Jim Hines, City Manager’s Office, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the City of Piedmont to provide certain animal care services for which the City of Piedmont will pay the City of Berkeley $36,334 per year for services performed from FY2011 through FY2013.
Financial Implications: General Fund - $36,334 (revenue)
Contact: Jim Hines, City Manager’s Office, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution declaring the Bingo Facility at 1284 San Pablo Avenue in violation of Use Permit No. A954 under Berkeley Municipal Code Section 23B.60.020 and revoke Use Permit No. A954 and order its termination.
Financial Implications: None
Contact: Gregory Daniel, City Manager's Office, 981-7000
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to extend the time period of the City's contract (No. 7992) with Easy Does It Services (EDI) through June 30, 2011 and add $440,764 to deliver emergency services and a one-time amount of up to $50,000 to acquire a replacement van for a total contract amount not to exceed $1,786,808 for the period of July 1, 2009 through June 30, 2011; and approving an option authorizing the City Manager to extend the term of the contract annually up to two additional years contingent upon a satisfactory annual performance evaluation.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Recommendation: Adopt two Resolutions:
1    Approving rate increases for the Kaiser Foundation Health Maintenance Organization (HMO) health plans as follows:  --12.79% for Active Employees;  --13.17% for Pre-Medicare Eligible Retirees;  --3.02% for Senior Advantage (Medicare Supplement) Retirees; and    
2    Approving rate increases for the Health Net HMO health plans as follows:  --12.8% for Active Employees;  --12.8% for Pre-Medicare Eligible Retirees;  --25.0% for Seniority Plus (Medicare Supplement) Retirees;--12.8% for the Health Net Point of Service (POS) for Active Employees and Pre-Medicare Eligible Retirees; and  --25.0% for Health Net POS Post-65 Retirees,
Financial Implications: Payroll Deduction Trust Fund - $1,375,357
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 4073C and approving a 10.21% increase in the Delta Dental Plan at an additional cost of $290,000 for all coverage groups effective January 1, 2011, through December 31, 2011 for a total contract amount of $2,690,000, and rescinding Resolution No. 64,692-N.S.
Financial Implications: Payroll Deduction Trust Fund - $290,000
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $1,457,564
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to increase the current contract with Preferred Alliance, Inc, a Drug and Alcohol Testing Administrator, by $18,266 for a total contract amount not to exceed $68,266 through December 31, 2011.
Financial Implications: Various Funds - $18,266
Contact: David Hodgkins, Human Resources, 981-6800
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Waste Management of Alameda County for landfilling services, increasing the contract amount by $2,969,600 for a total not to exceed amount of $7,769,600 for the period July 1, 2008 through June 30, 2013.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Waste Management of Alameda County increasing the contract amount by $1,164,130 for construction and demolition debris recycling services for the period July 1, 2008 through December 31, 2011.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
 
From: Peace and Justice Commission
Recommendation: Adopt a Resolution directing the City Manager to prepare an ordinance for Council consideration, adopting the operative articles of the Convention Eliminating Discrimination of all forms Against Women into the Berkeley Municipal Code.
Financial Implications: Unknown at this time.
Contact: Eric Brenman, Commission Secretary, 981-5100
 
From: Commission on Labor
Recommendation: Adopt a Resolution endorsing the United Food and Commercial Workers Union Local 5 campaign at BevMo! (formerly known as Beverages and More).
Financial Implications: None
Contact: Delfina Geiken, Commission Secretary, 981-5400
 
From: Auditor
Recommendation: Request the City Manager report back on or before September 27, 2011 on the adoption status of the City Auditor's recommendations. Report back no later than September 2012 on the full implementation status.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
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.

Presentations
 
From: City Manager
Contact: Chief Michael Meehan, Police, 981-5700
 
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6525
 
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800

 
Information Reports
 
From: City Manager
Contact: Phil Kamlarz, City Manager, 981-7000
 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
 
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
 
From: Board of Library Trustees
Contact: Donna Corbeil, Commission Secretary, 981-6100
 
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 November 10, 2010.

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.

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