Regular Meeting Annotated Agenda
November 16
, 2010

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ANNOTATED 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


Preliminary Matters

Roll Call: 7:03 p.m.  Absent: Councilmembers Arreguin, Wengraf and Mayor Bates. Councilmember Arreguin present at 7:11 p.m.

Ceremonial Matters:

  1. Kaz Tanahashi

City Manager Comments: 

  1. City of Berkeley along with BOCA and Farm Fresh Choice - Multi-Cultural Evening– 2701 Martin Luther King, Jr. Way – December 3rd at 6:30 p.m.
  2. Winter Shelter is open at the Oakland Army Base.

Public Comment on Non-Agenda Matters: 5 speakers.


Public Comment on Consent Calendar and Information Items Only: 3 speakers.

Consent Calendar

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

1. Animal Services Contract with the City of Albany (PDF)
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
Action:  Adopted Resolution No. 65,092–N.S.  Absent: Bates, Wengraf.
 
2. Animal Services Contract with the City of Piedmont (PDF)
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
Action:  Adopted Resolution No. 65,093–N.S.  Absent: Bates, Wengraf.

3. Bingo Facility at 1284 San Pablo Avenue - Adoption of Resolution Revoking Use Permit (PDF)
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
Action:  Adopted Resolution No. 65,094–N.S.  Absent: Bates, Wengraf.

4. Contract Extension: Contract No. 7992 with Easy Does It Services (PDF)
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
Action:  Adopted Resolution No. 65,095–N.S.  Absent: Bates, Wengraf.

5. Health Plan Rate Increases (PDF)
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
Action:  Adopted Resolution No. 65,096–N.S. and Resolution No. 65,097–N.S.  Absent: Bates, Wengraf.

6. Contract No. 4073C Amendment: Delta Dental Plan Rate Increase (PDF)
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
Action:  Adopted Resolution No. 65,098–N.S.  Absent: Bates, Wengraf.

7. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
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
Action:  Approved recommendation.

8. Contract No. 7229 Amendment: Preferred Alliance, Inc (PDF)
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
Action:  Adopted Resolution No. 65,099–N.S.  Absent: Bates, Wengraf.

9. Contract No. 7665 Amendment: Waste Management of Alameda County for Landfilling Services (PDF)
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
Action:  Adopted Resolution No. 65,100–N.S.  Absent: Bates, Wengraf.

10. Contract No. 7681 Amendment: Waste Management of Alameda County for Construction and Demolition Debris Recycling Services (PDF)
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
Action:  Adopted Resolution No. 65,101–N.S.  Absent: Bates, Wengraf.

11. Convention on the Elimination of All Forms of Discrimination Against Women (PDF)
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
Action:  Adopted Resolution No. 65,102–N.S.  Absent: Bates, Wengraf.

12. United Food and Commercial Workers Union Local 5 BevMo! Campaign (PDF)
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
Action:  Moved to Action Calendar.  (M/S/C Anderson/Worthington) to adopt Resolution No. 65,103–N.S.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Wozniak.  Absent: Wengraf, Bates.

13. Employee Benefits: Tough Decisions Ahead (Audit Report) (PDF)
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:  Referred to Agenda Committee.

Presentations
Presentation (PDF) 
From: City Manager
Contact: Chief Michael Meehan, Police, 981-5700
Action: 1 speaker. Presentation made and discussion held.

15. FUND$ Status Report (PDF)
Presentation (PDF)
From: City Manager 
Contact: Donna LaSala, Information Technology, 981-6525
Action: 0 speakers. Presentation made and discussion held.

16. Report on Employee Safety and Workers’ Compensation (Continued from November 9, 2010) (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action: 0 speakers. Presentation made and discussion held.

Information Reports

17. Employee Benefits: Tough Decisions Ahead - Response to Audit Report (PDF)
From: City Manager
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Referred to Agenda Committee.
 
From: City Manager
Contact: Jane Micallef, Housing, 981-5400
Action:  Received and filed.

19. Audit Update: Parcel Based Special Taxes, Fees and Assessments Audit (PDF) 
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

20. Status Report: Utilization of Public Works Sewer Staff Can Be Improved (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.

21. Audit Status Report: Transfer Station Receipts - Additional Improvements Needed (PDF) 
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.

22. Complete Streets Policy Development and Pedestrian Master Plan Implementation (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.

23. Implementation of Tax Relief Action to Cut Commuter Carbon (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.

24. Status Report: Activities of Public Library (PDF)
From: Board of Library Trustees
Contact: Donna Corbeil, Commission Secretary, 981-6100
Action:  Received and filed.

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


Adjourned at:  8:58 p.m.


Communications

-None

Supplemental Communications and Reports 1

-None

Supplemental Communications and Reports 2

Item 14: Quarterly Crime Report

  • Presentation, submitted by Police Department (see agenda item)

Item 15: FUND$ Status Report

Traffic Speed & Safety
1.  Jerry Cho

Holiday Street Fair
2.  Unknown