Regular Meeting Annotated Agenda
July 17, 2012

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 17, 2012

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Teleconference Location:

142 San Vicente Blvd., Apt 142B, Santa Monica, CA 90402

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: 7:00 p.m.  All present.

Ceremonial Matters: 

  1. Wee Poets Day – July 17, 2012

City Manager Comments: 

  1. National Night Out – August 7, 2012

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 (Wozniak/Maio) to accept supplemental material from staff for Item 25.

Vote: All Ayes.

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

Vote: All Ayes.

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May 29, 2012 (special and regular), June 11, 2012 (special closed), June 12, 2012 (special and regular), June 19 (specials) and June 26, 2012 (special closed and regular).
Financial Implications: None
}Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: Approved minutes with a correction to the June 26 Minutes on the vote to extend the meeting to 11:45 p.m. (Wozniak absent).

2. City Council Rules of Procedure and Order
From: City Manager
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to:

1.   Add the City Council Policy for Naming and Renaming Public Facilities; 

2.   Amend the section on Council Recess Periods, as it pertains to City Manager approval authority, to coincide with new agenda deadlines under the Open Government Ordinance;

3.   Amend the procedures for yielding of time during public comment; and

4.   Rescind Resolution 65,337-N.S.

Financial Implications: None
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action: M/S/C (Worthington/Anderson) to accept supplemental material from Councilmember Worthington for Item 2.
Vote: All Ayes.

Action: Moved to Action Calendar.  8 speakers.  M/S/C (Maio/Wengraf) to adopt Resolution No. 65,823–N.S. including revisions to the yielding rules amendments.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Worthington.

Action: M/S/C (Maio/Worthington) to refer the supplemental material from  Councilmember Worthington to the Agenda Committee.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – Anderson.

3. Contract: Access Information Management for Citywide Records Storage Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Access Information Management for storage of Citywide Records, for a five-year period beginning October 1, 2012 through September 30, 2017, in an amount not to exceed $50,000 per year.
Financial Implications: General Fund - $250,000
Contact: Mark Numainville, Acting City Clerk, 981-6900
Action:  Adopted Resolution No. 65,824–N.S

.4. Contract: Downtown Berkeley YMCA for Fitness Memberships for City Employees
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $199,296 for fitness center memberships for City employees for the period July 1, 2012 through June 30, 2013.
Financial Implications: Various Funds - $199,296
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
Action:  Adopted Resolution No. 65,825–N.S.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates; Noes – Wozniak.

5. Appointment of Director of Health, Housing & Community Services
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Jane Micallef as the Director of the Health, Housing & Community Services Department to be effective July 22, 2012.
Financial Implications: See report
Contact: Christine Daniel, City Manager 981-7000
Action:  Adopted Resolution No. 65,826–N.S.

6. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance After Council Approval on July 17, 2012
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 - $2,295,000
Contact: Robert Hicks, Finance, 981-7300
Action: Approved recommendation.

7. Increase the Maximum Household Very Low-Income Level from $36,950, to $37,400 to Qualify for City Tax and Fee Refunds, Animal License Fee Waiver, and Community Service Eligibility
From: City Manager
Recommendation: Adopt a Resolution establishing the maximum income level for 1-2 person households in order to qualify for the Very Low Income (VLI)  exemption from specified local taxes and fees, Animal Licensing fee waiver, and Community Service eligibility at $37,400 effective July 1, 2012; and rescinding Resolution No. 65,464-N.S.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action:  Adopted Resolution No. 65,827–N.S.

8. Contract No. 7722D Amendment: Milliman, Inc. for Actuarial Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the existing Contract No. 7722D with Milliman, Inc. (hereinafter "Milliman") by increasing expenditure authority in an amount not to exceed $60,000 for a total contract amount of $249,999 through June 30, 2013 for actuarial services pertaining to retiree medical benefit plans and other health and welfare benefits.
Financial Implications: General Fund - $60,000
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 65,828–N.S.

9. Contract No. 5089H Amendment: AMS.NET for Networking Equipment Acquisition, Installation, and Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5089H with AMS.NET for computer networking equipment acquisition, installation, and maintenance, increasing the amount by $995,000, for a total not to exceed $1,889,000, from September 26, 2000 to June 30, 2017.
Financial Implications: Various Funds - $995,000
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,829–N.S.

10. Contract No. 6480B Amendment: Convergent Computing for Network Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6480B with Convergent Computing for network architecture, design, configuration, and security consultation, increasing the amount by $100,000, for a total amount not to exceed $180,000, from August 23, 2004 through June 30, 2014.
Financial Implications: General Fund - $100,000
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 65,830–N.S.

11. Cleanup Amendments: Re-Adopt Economic Development Amendments in the Commercial- Telegraph District, Amending BMC Chapter 23E.56
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Chapter 23E.56, the Commercial-Telegraph (C-T) District, to streamline zoning permit requirements for certain business uses likely to encourage economic activity.  These amendments were previously adopted in June 2011 but were inadvertently removed through a drafting error in a subsequent Ordinance.
Financial Implications: See report
Contact: Eric Angstadt, Planning and Development, 981-7400
Action:  Adopted first reading of Ordinance No. 7,255–N.S.  Second reading scheduled for July 24, 2012.

12. Sale of Non-Processed Edibles from Occupied Residential Lots, Amending Berkeley Municipal Code Title 23
From: City Manager
Recommendation: Adopt first reading of an Ordinance defining and permitting the sale of Non-Processed Edibles grown or raised on occupied residential lots and amending Berkeley Municipal Code Title 23.
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Action:  Adopted first reading of Ordinance No. 7,256–N.S.  Second reading scheduled for July 24, 2012.

13. Mitigation Agreement with Safeway for Expansion at 6310 College Avenue, Oakland
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving the business terms in the attached letter (Exhibit A) from Safeway and authorizing the City Manager to negotiate and execute a contract between the City of Berkeley and Safeway, requiring Safeway to fund or construct mitigations in Berkeley as specified in the letter to address traffic impacts of the proposed Safeway project at 6310 College Avenue in Oakland; and

2.   Directing the City Manager to request that the City of Oakland incorporate the terms of the letter as conditions of approval to mitigate the project’s impacts in Berkeley.
Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300
Action:  Moved to Action Calendar.  22 speakers.  Directed the City Manager to monitor the timing of future action by the City of Oakland, and to resend the previous letter of opposition to the City of Oakland with a cover letter including the City's continued concerns about the project and a request not to take action until after the Berkeley City Council has re-convened in September.  
Vote: All Ayes.

14. Contract: Chrisp Company for Roadway Thermoplastic Markings
From: City Manager
Recommendation: Adopt a Resolution:

1.   Approving plans and specifications for the Roadway Thermoplastic Markings Project, 12-10682-C;

2.   Accepting the bid of Chrisp Company; and 

3.   Authorizing the City Manager to execute contracts and any amendments with Chrisp Company in an amount not to exceed $750,000 to provide and install thermoplastic roadway markings for a period of 3 years.
Financial Implications: Special Gas Tax Improvement Fund - $750,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,831–N.S.

15. Contract: SCS Engineers for Landfill Post Closure Maintenance and Monitoring Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders with SCS Engineers to meet mandatory compliance requirements at the City's closed landfill, for an amount not to exceed $750,000 over 3-years from October 1, 2012 through September 30, 2015, with options to extend the contract for two 1-year periods, at a cost of $250,000 for each additional year.
Financial Implications: Refuse Fund - $1,250,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,832–N.S.

16. Purchase Order: Albany Ford for 11 Ford Escapes
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for 11 Ford Escapes with Albany Ford, for an amount not to exceed $270,000.
Financial Implications: Equipment Replacement Fund - $270,000
Contact: Andrew Clough, Public Works, 981-6300
Action:  Adopted Resolution No. 65,833–N.S.

Council Consent Items

17. City Sponsorship of the Proposed “Berkeley Sunday Streets”
From: Mayor Bates and Councilmember Arreguin
Recommendation: Adopt a Resolution approving the co-sponsorship of the proposed “Sunday Streets Berkeley”.  The event is proposed to be held on October 14, 2012 from 11-4 p.m.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Adopted Resolution No. 65,834–N.S.

18. Livable Berkeley for “Sunday Streets Berkeley”: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $4,000 per Councilmember, including up to $4,000 from the Mayor, to Livable Berkeley to sponsor the proposed “Sunday Streets Berkeley” to be held on October 14, 2012 from 11-4 p.m., with funds relinquished to the general fund for this purpose from the discretionary Office Budgets of Mayor Bates and any other Councilmembers who would like to contribute.
Financial Implications: Mayor’s Discretionary Funds - $4,000
Contact: Tom Bates, Mayor, 981-7100
Action:  Added Councilmembers Arreguin and Capitelli as co-sponsors.  Adopted Resolution No. 65,835–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Wozniak - $250; Councilmember Arreguin - $1000; Councilmember Capitelli - $500; Councilmember Maio - $200; Councilmember Anderson - $250; Councilmember Wengraf - $250. 

19. Referral to the Open Government Commission on Making Amendments and Compromises Speedily Available to the Public
From: Councilmember Worthington
Recommendation: Refer to the Open Government Commission to consider amending the Open Government Ordinance to allow quick distribution of information to all City Council members and members of the public.
Financial Implications: Minimal
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over to July 24, 2012.

20. San Francisco LGBT Pride Parade: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Worthington
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including up to $500 from Councilmember Worthington, to support the Pacific Center with funds relinquished to the City’s general fund for the purpose that the City of Berkeley be represented at the SF LGBT Pride Parade and for costs of having a contingent in the parade, from the discretionary Council Office Budgets of Councilmember Worthington and any other Councilmembers who would like to contribute.
Financial Implications: Councilmember's Discretionary Funds - $500
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 65,836–N.S.

Recess: 9:02 p.m. – 9:10 p.m.

Action Calendar – Public Hearings

21. Assessments: Downtown Berkeley Property and Business Improvement District
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt two Resolutions:

1.   Confirming the Annual Report for the Downtown Berkeley Property and Business Improvement District (DPBID) and levying assessments for Fiscal Year 2013. 

2.   Authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association to implement the Management District Plan for the DPBID.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Capitelli) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Arreguin, Worthington.

Action: M/S/C (Maio/Wozniak) to adopt:
1.   Resolution No. 65,837–N.S. confirming the Annual Report for the Downtown Berkeley Property and Business Improvement District (DPBID) and levying assessments for Fiscal Year 2013.
2.   Resolution No. 65,838–N.S. authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association to implement the Management District Plan for the DPBID.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent – Arreguin, Worthington.

Councilmember Worthington absent 9:10 p.m. – 9:22 p.m.

22. Assessments: North Shattuck Business Improvement District
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt two Resolutions:
1.   Confirming the Annual Report for the North Shattuck Business Improvement District (NSBID) for FY 2012 and levying assessments in the area for FY 2013. 
2.   Authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan for the NSBID.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent –Worthington.

Action: M/S/C (Maio/Arreguin) to adopt
1.   Resolution No. 65,839–N.S. confirming the Annual Report for the North Shattuck Business Improvement District (NSBID) for FY 2012 and levying assessments in the area for FY 2013.
2.   Resolution No. 65,840–N.S. authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association to implement the Management District Plan for the NSBID.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent –Worthington.

23. Assessments: Telegraph Property and Business Improvement District
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt a Resolution confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2012 and levying assessments in the District for FY 2013.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent –Worthington.

Action: M/S/C (Wozniak/Maio) to adopt Resolution No. 65,841–N.S. confirming the Annual Report on the Telegraph Property and Business Improvement District for FY 2012 and levying assessments in the District for FY 2013.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent –Worthington.

24. Renewal: Elmwood Theater Business Improvement Area Assessments
From: Elmwood Advisory Board
Recommendation: Conduct a public hearing and upon conclusion, if no majority protest exists, adopt a Resolution to confirm the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2012; levy assessments in the Area for the final year of its existence, 2013; and allocate any surplus revenues.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530

Public Testimony: The Mayor opened the public hearing. 1 speakers.  M/S/C (Maio/Wozniak) to close the public hearing.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent –Worthington; Recused - Capitelli.

Action: M/S/C (Maio/Wozniak) to adopt Resolution No. 65,842–N.S. confirming the Annual Assessment Report for the Elmwood Theater Business Improvement Area for FY 2012, levy assessments in the Area for the final year of its existence, 2013; and allocate any surplus revenues.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent –Worthington; Recused - Capitelli.

Action Calendar – Continued Business

A. General Obligation Bond Measure for Street and Related Watershed Improvements (Continued from July 10, 2012)
From: City Manager
Recommendation: 
1. Adopt a Resolution Determining Public Interest and Necessity for Issuing a General Obligation Bond in the Amount of $30 million for Street and Related Watershed Improvements and Submitting to the Berkeley Electorate a Measure to Authorize a General Obligation Bond for Those Improvements.
2. Adopt a Resolution Authorizing the City of Berkeley to Incur Bonded Debt and Issue a General Obligation Bond for Street and Related Watershed Improvements.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: 4 speakers. M/S/C (Bates/Wozniak) to adopt:

1.   Resolution No. 65,843 –N.S. determining public interest and necessity for issuing a General Obligation Bond in the amount of $30 million for Street and Related Watershed Improvements and submitting to the Berkeley Electorate a measure to authorize a General Obligation Bond for those improvements including revisions to the ballot label.

2.   Resolution No. 65,844–N.S. authorizing the City of Berkeley to Incur Bonded Debt and issue a General Obligation Bond for Street and Related Watershed Improvements.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.

B. West Berkeley Project (Continued from July 10, 2012)
From: City Manager
Recommendation:
1. Adopt a Resolution placing the attached measure to adopt the Master Use Permit Amendments on the ballot at the November 6, 2012 General Municipal Election.
2. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: 18 speakers. M/S/C (Maio/Moore) to accept supplemental material from Councilmember Maio for Item B.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent –Worthington.

Action: M/S/F (Capitelli/Moore) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Maio, Moore, Capitelli, Wozniak, Bates; Noes – Worthington; Abstain – Anderson, Arreguin, Wengraf.

Action: M/S/C (Maio/Moore) to reconsider the previous vote on the motion to extend the meeting.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – Anderson.

Action: M/S/C (Maio/Moore) to suspend the rules and extend the meeting to     11:30 p.m.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington; Abstain – Anderson, Arreguin.

Action: M/S/C (Moore/Maio) to adopt:
1.   Resolution No. 65,845–N.S. placing the attached measure to adopt the Master Use Permit Amendments on the ballot at the November 6, 2012 General Municipal Election with revised ballot label as stated below:

“Shall the West Berkeley Plan and the Zoning Ordinance be amended to allow development flexibility on up to 6 large sites, each under the same ownership, during the next 10 years, allowing a maximum height of 75’ with a site-wide average height of 50’, and only if community and environmental benefits are provided to West Berkeley?”

2.   Designated Mayor Bates and Councilmember Maio to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson,  Arreguin, Worthington.

C. Contribution Limits on Contractors doing Business with the City (Continued from July 10, 2012)
From: Councilmember Arreguín
Recommendation: Refer to the Fair Campaign Practices Commission (FCPC) for consideration the issue of prohibiting contributions by contractors doing business with the City and the Berkeley Unified School District.
Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action: 0 speakers. M/S/C (Bates/Wengraf) to refer the item to the City Manager for analysis based on the questions raised by the Council related to the scope, costs, exemptions, and thresholds for compliance.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – None; Abstain – None; Absent –Worthington

D. Referral to City Manager: Streamlined Affidavit of Residency Ordinance (Continued from July 10, 2012)
From: Councilmember Arreguín
Recommendation: Refer to the City Manager the attached amendment to B.M.C. Section 2.04.145 (the Affidavit of Residency requirement) to develop ordinance language and bring back to Council a proposed Ordinance.
Financial Implications: See report
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140
Action: 0 speakers. M/S/C (Arreguin/Bates) to approve Councilmember Arreguín’s recommendation to refer to the City Manager amendments to B.M.C. Section 2.04.145 (the Affidavit of Residency requirement) and to bring back to Council a proposed Ordinance that includes an April 1st deadline for filing, then a notice of non-filing to the commissioner and the appointing Councilmember, and automatic termination if the affidavit is not filed by May 1st.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson.

Councilmember Anderson absent 11:16 p.m. – 11:35 p.m.

E. Referral to City Manager: Comprehensive Single Use Plastic Bag Ban/Paper Bag Fee Ordinance (Continued from July 10, 2012)
From: Councilmember Worthington
Recommendation: Request from the City Manager an estimate of the minimum dollar amount necessary to begin a City of Berkeley Single Use Plastic Bag Ban/Paper Bag Fee Ordinance simultaneous with the County of Alameda for all retail non-restaurant businesses.
Financial Implications: To be determined
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Item held over to July 24, 2012

F. Requesting Alameda County Recorder of Deeds Help Stopping Foreclosures (Continued from July 10, 2012)
From: Councilmember Worthington
Recommendation: Send a letter to the Alameda County Recorder of Deeds and Sheriff in regards to a local action plan about stopping foreclosures.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: 2 speakers. Item held over to July 24, 2012.

Action: M/S/C (Bates/Worthington) to suspend the rules and extend the meeting to 11:35 p.m.
Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson.

Action Calendar – New Business

25. Resolution of Intention to Establish the Berkeley Tourism Business Improvement District
Revised Agenda Material (PDF) 
From: City Manager
Recommendation: Adopt a Resolution declaring the intention to establish the Berkeley Tourism Business Improvement District (BTBID) and directing the City Clerk to schedule a public meeting on September 11, 2012, and a public hearing on September 18, 2012, to consider the establishment of the Berkeley Tourism Business Improvement District.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action: 0 speakers. Moved to Consent Calendar.  Supplemental material accepted. Adopted Resolution No. 65,846–N.S. declaring the intention to establish the Berkeley Tourism Business Improvement District (BTBID) and directing the City Clerk to schedule a public meeting on September 11, 2012, and a public hearing on September 18, 2012, to consider the establishment of the Berkeley Tourism Business Improvement District.

26. Refunding of 1999 Lease Revenue Bonds and 2003 Certificates of Participation
From: City Manager
Recommendation: Adopt a Resolution approving documents and actions relating to the refinancing of 1999 Lease Revenue Bonds and 2003 Certificates of Participation.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Item removed from agenda.

Information Reports

27. Outcomes of Community Agency Contracts
From: City Manager
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400
Action: Received and filed.

28. Impact Fee Update
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.

29. LPC-NOD: 2120-24 Dwight Way
From: City Manager
Contact: Eric Angstadt, Planning and Development, 981-7400
Action: Received and filed.

30. Status Report: Follow-up Audit of Public Works Construction Contracts
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300
Action: Received and filed.

31.  **Removed from Agenda by City Manager**Traffic Impacts Study for West Campus/Old Adult School Site
From: City Manager
Contact: Andrew Clough, Public Works, 981-6300

32. Audit Plan for Fiscal Year 2013
From: Auditor
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Received and filed.

33. Conference of Mayors on Reproductive Rights
From: Councilmember Maio
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action: Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 2 speakers

Adjournment

Action: M/S/C (Maio/Worthington) to adjourn.

Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Anderson.

Adjourned at 11:35 p.m.

Communications

None

Supplemental Communications and Reports 1

None

Supplemental Communications and Reports 2

Item 4: Contract: Downtown Berkeley YMCA for Fitness Memberships for City Employees

1.  Bill McIntyre

Item 13: Mitigation Agreement with Safeway for Expansion at 6310 College Avenue, Oakland

2.  Glenn Alex (2)
3.  Joel Rubenzahl
4.  Michael Barrett

Item A: General Obligation Bond Measure for Street and Related Watershed Improvements

5.  Mark Liolios
6.  Kent Lewandowski
7.  Toni Mester
8.  Igor Tregub

Item B: West Berkeley Project

9.  Patricia Jones, on behalf of Citizens for Eastshore Parks
10.  Alan Tobey, on behalf of Livable Berkeley

Supplemental Communications and Reports 3

Item 2: City Council Rules of Procedure and Order

11.  Kriss Worthington, District 7
12.  Barbara Gilbert

Item B: West Berkeley Project

13.  Linda Maio, District 1

Item F: Requesting Alameda County Recorder of Deeds Help Stopping Foreclosures

14.  Unknown

Item 25: Resolution of Intention to Establish the Berkeley Tourism Business Improvement District

  • Revised materials, submitted by City Manager’s Office (see agenda item)