BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING AGENDA

Transcription

1 BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MONDAY, MARCH 15, :30 P.M. 6 th Floor Conference Room, 2180 Milvia Street Committee Members: Mayor Bates, Councilmembers Linda Maio and Gordon Wozniak AGENDA 1. Roll Call 2. Public Comment 3. Approval of Minutes: March 1, Review and Action of draft agenda for March 23, 2010 a. 3/23/10 5:00 p.m. Budget Worksession Overall Balancing Measures/Refuse Fund b. 3/23/10 6:45 p.m. JPFA Special Meeting c. 3/23/10 7:00 p.m. Regular City Council Meeting 5. Upcoming Council Items: a. Proposed Upcoming Council Workshops 1. Community Choice Aggregation Worksession - Spring 2010 b. Items Referred to Agenda Committee for Future or Possible Scheduling 1. ZAB Appeal: 2421 Ninth Street referred from the January 19, 2010 meeting. Preferred Date May 4, Panoramic Hill (ESR) Zoning Ordinance Revision (Referred at January 26, 2010 meeting) Deadline for action- June Land Use Calendar accept and file 7. Adjournment next meeting Monday, April 12, 2010 Monday, March 15, 2010 AGENDA Page 1

2 Additional items may be added to the draft agenda per Council Rules of Procedure. Rules of Procedure Resolution No. 64,235-N.S., Article III, C3c - Agenda - Submission of Time Critical Items Time Critical Items. A Time Critical item is defined as a matter that is considered urgent by the sponsor and that has a deadline for action that is prior to the next meeting of the Council and for which a report prepared by the City Manager, Auditor, Mayor or council member is received by the City Clerk after established deadlines and is not included on the Agenda Committee s published agenda. The City Clerk shall bring any reports submitted as Time Critical to the meeting of the Agenda Committee. If the Agenda Committee finds the matter to meet the definition of Time Critical, the Agenda Committee may place the matter on the Agenda on either the Consent or Action Calendar. The City Clerk shall not accept any item past the adjournment of the Agenda Committee meeting for which the agenda that the item is requested to appear on has been approved. This is a meeting of the Berkeley City Council Agenda Committee. Since a quorum of the Berkeley City Council may actually be present to discuss matters with the Council Agenda Committee, this meeting is being noticed as a special meeting of the Berkeley City Council as well as a Council Agenda Committee meeting. This meeting will be conducted in accordance with the Brown Act, Government Code Section Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Deanna Despain, CMC, City Clerk, 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 (V) or (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this special 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 March 11, 2010 Deanna Despain, CMC, City Clerk Monday, March 15, 2010 AGENDA Page 2

3 BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MINUTES MONDAY, MARCH 1, :30 P.M. 6 th Floor Conference Room, 2180 Milvia Street Committee Members: Mayor Bates, Councilmembers Linda Maio and Gordon Wozniak 1. Roll Call: 2:32 p.m. All present. 2. Public Comment: 0 speakers. 3. M/S/C (Maio/Wozniak) to approve the minutes of February 16, Review and Action of draft agenda for March 9, 2010 a. M/S/C (Wozniak/Maio) to approve the agenda of 3/09/10 5:30 p.m. - Special Worksession Budget FY 2011 Balancing Ideas; Public Health Fund review as amended to reflect FY 2011in the title.. b. M/S/C (Maio/Wozniak) to approve the agenda of 3/09/10 7:00 p.m. Regular City Council Meeting as amended to reflect the following: Item 2. Grant: Substance Abuse and Mental Health Services Agency Drug Free Communities Funding revised recommendation to, Adopt a Resolution authorizing Item 14. Haiti Humanitarian Earthquake Relief and Related Reconstruction and Political Efforts removed from agenda. Item 17. Send a Letter Supporting the Amendments to the Water Protection and Reinvestment Trust Fund moved to Action Calendar Item 20. June 2010 Ballot Measure: Community Facilities District No. 2 (Berkeley Pools) removed reference to a public hearing in the recommendation. Item added to agenda: City Manager Referral: Google Fiber for Communities 5. Upcoming Council Items: a. Proposed Upcoming Council Workshops Items Referred to Agenda Committee for Future or Possible Scheduling 1. Community Choice Aggregation Worksession - Spring ZAB Appeal: 2421 Ninth Street (Referred at January 19, 2010 meeting) 3. Panoramic Hill (ESR) Zoning Ordinance Revision (Referred at January 26, 2010 meeting) Deadline for action- June Possibility of adding special meetings in July - August 6 th deadline for addition of ballot measures to the November 2, 2010 election. 6. Land Use Calendar accept and file Adjournment 2:58 p.m. Deanna Despain, CMC, City Clerk Monday, March 1, 2010 MINUTES Page 1

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5 DRAFT PROCLAMATION CALLING A SPECIAL MEETING OF THE BERKELEY CITY COUNCIL In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows: TUESDAY, MARCH 23, :00 P.M. Council Chambers 2134 Martin Luther King Jr. Way Roll Call Public Comment Items on this agenda only Worksession: 1. Budget Overall City Proposed Balancing Measures and Discussion of Refuse Fund From: City Manager Contact: Tracy Vesely, Budget Manager, , Claudette Ford, Director, Public Works, Adjournment I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 18th day of, Tom Bates, Mayor Public Notice this Proclamation serves as the official agenda for this meeting. ATTEST: Deanna Despain, CMC, City Clerk Date: March 18, 2010

6 DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN TOM BATES, MAYOR Councilmembers: DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 GORDON WOZNIAK NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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 and KPFB Radio Archived indexed video streams are available at Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m. Communications to the Berkeley City Council are public record and will become part of the City s electronic records, which are accessible through the City s website. Please note: addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e- mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at or clerk@cityofberkeley.info for further information. Agendas and agenda reports may be accessed via the Internet at and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main Kittredge Street Tel: Claremont Branch 2940 Benvenue TDD: West Branch 1125 University Fax: North Branch 1170 The Alameda clerk@cityofberkeley.info 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 (V) or (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. Tuesday, March 23, 2010 DRAFT AGENDA Page 2

7 DRAFT AGENDA BERKELEY JOINT POWERS FINANCING AUTHORITY MEETING TUESDAY, MARCH 23, :45 P.M. Council Chambers 2134 Martin Luther King Jr. Way TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 GORDON WOZNIAK This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, and Teleconferencing. Any member of the public may attend this meeting at either location. Questions regarding this matter may be addressed to Deanna Despain, City Clerk, 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. Roll Call Public Comment on Consent Calendar Items Only Agency Action: The Joint Powers Financing Authority may take action related to any subject listed on the Agenda. Consent Calendar The Agency will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar. All items remaining on the Consent Calendar will be approved in one motion. Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Agency reorders the agenda. 1. Minutes for Approval From: Chief Administrative Officer Recommendation: Approve the minutes for the JPFA meeting of November 27, Financial Implications: None Contact: Deanna Despain, Secretary, Tuesday, MArch 23, 2010 DRAFT AGENDA Page 1

8 Consent Calendar 2. Issuance of a Certificate of Participation (COP) for Construction of the New Animal Shelter From: Chief Administrative Officer Recommendation: Adopt a Resolution authorizing the execution sale and delivery of not to exceed $5, 100,000 certificates of participation, authorizing and directing execution of related lease financing documents and trust agreement, approving official statement, and authorizing official actions for the New Animal Shelter at 1 Bolivar Drive. Financial Implications: See report Contact: Robert Hicks, Finance, Public Comment 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 (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 and KPFB Radio Archived indexed video streams are available at 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 Communications to the Berkeley City Council are public record and will become part of the City s electronic records, which are accessible through the City s website. Please note: addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e- mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at or clerk@cityofberkeley.info for further information. Agendas and agenda reports may be accessed via the Internet at and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main Kittredge Street Tel: Claremont Branch 2940 Benvenue TDD: West Branch 1125 University Fax: North Branch 1170 The Alameda 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 (V) or (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting. Tuesday March 23, 2010 DRAFT AGENDA Page 2

9 DRAFT AGENDA BERKELEY CITY COUNCIL MEETING TUESDAY, MARCH 23, :00 PM COUNCIL CHAMBERS MARTIN LUTHER KING JR. WAY TOM BATES, MAYOR Councilmembers: DISTRICT 1 LINDA MAIO DISTRICT 2 DARRYL MOORE DISTRICT 3 MAX ANDERSON DISTRICT 4 JESSE ARREGUIN DISTRICT 5 LAURIE CAPITELLI DISTRICT 6 SUSAN WENGRAF DISTRICT 7 KRISS WORTHINGTON DISTRICT 8 GORDON WOZNIAK This meeting will be conducted in accordance with the Brown Act, Government Code Section Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Deanna Despain, CMC, City Clerk, 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.

10 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. Development of Columbaria and Amending Numerous BMC Chapters From: Planning Commission Recommendation: Adopt second reading of Ordinance No. 7,129-N.S. allowing for: An exception to Section Burials and maintenance of cemeteries prohibited, to allow for columbaria Modifications to the following Residential and Commercial district Sections to allow for columbaria: Amending Berkeley Municipal Code Sections , 23D , 23D , 23D , 23D , 23D , 23D , 23D , 23E , 23E , 23E , 23E , 23E , 23E , 23E , 23E , 23E First Reading Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates. Noes: Arreguin, Worthington. Financial Implications: See report Contact: Jordan Harrison, Commission Secretary, Zoning Amendments Allowing On-Site Beer and Wine Service in Restaurants From: Planning Commission Recommendation: Adopt second reading of Ordinance No. 7,130 N.S. to amend BMC 23E and BMC 23E A (1) to require an Administrative Use Permit (rather than a Use Permit Public Hearing) to establish on-site beer and wine service with meals in quick-service restaurants that (a) are more than 200 feet from a residential district and (b) allow no sale of alcohol for off-site consumption; and (2) to clarify that establishing retail sales of alcoholic beverages requires a Use Permit Public Hearing, as currently specified within BMC 23E A, not an Administrative Use Permit. First Reading Vote: All Ayes. Financial Implications: See report Contact: Jordan Harrison, Commission Secretary, Tuesday, March 23, 2010 DRAFT AGENDA Page 2

11 Consent Calendar 3. Amending Chapter of the Berkeley Municipal Code to Exempt Cooking Devices from the Ordinance From: Community Environmental Advisory Commission Recommendation: Adopt second reading of Ordinance No. 7,131 N.S. amending section , exempting wood burning cooking devices from the ordinance controls. First Reading Vote:All Ayes. Financial Implications: See report Contact: Nabil Al-Hadithy, Commission Secretary, Proposed Revisions to Claim/Refund Ordinance, BMC Section From: City Manager Recommendation: Adopt an Ordinance amending Berkeley Municipal Code Section to explicitly adopt the "pay first/litigate later" rule that has long been relied upon by cities and counties throughout the state. Financial Implications: Unknown. Contact: Zach Cowan, City Attorney, Minutes for Approval From: City Manager Recommendation: Approve the minutes Council meetings of January 26, 2010 (regular), February 23, 2010 (special and regular) and March 9, 2010 (special and regular). Financial Implications: None Contact: Deanna Despain, City Clerk, Citywide Armored Transport Services for Various City Locations and Facilities From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a citywide contract and any amendments with Brink's U.S., a Division of Brink's, Incorporated, to provide armored transport services at various City locations and facilities for the period of May 1, 2010 to April 30, 2012 for an amount not to exceed $450,000 for the three year period. Also authorize an option to extend the contract for two additional 1 year periods for a total of 5 years, subject to the City's annual budget appropriation process for a total authorized amount not to exceed $750,000. Financial Implications: See report Contact: Robert Hicks, Finance, Tuesday, March 23, 2010 DRAFT AGENDA Page 3

12 Consent Calendar 7. Emergency Standby Officers for the Mayor and Councilmembers and Designated Line of Succession for the Director of Emergency Services From: City Manager Recommendation: Adopt two Resolutions: 1 Confirming the appointment of Standby Officers for the Mayor and each Councilmember to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 63,126-N.S.; 2 Approving the designated line of succession to the position of Director of Emergency Services in the event of an officially declared disaster, and rescinding Resolution No. 63,908-N.S. Financial Implications: None Contact: Debra Pryor, Fire, Funding Applications for Aging Services Programs From: City Manager Recommendation: Adopt a Resolution ratifying the submittal of six grant applications to the Area Agency on Aging to support the Nutrition and Social Service programs in the Aging Services Division, Housing and Community Services Department. Grants to be effective July1, June 30, 2011 with one year extensions for three additional years at the discretion of Area Agency on Aging. Financial Implications: See report Contact: Jane Micallef, Housing, Shelter Plus Care Program Renewal Grants From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to accept grant awards from the U.S. Department of Housing and Urban Development to renew the following four Shelter Plus Care grants: 1) $1,929,120 for tenant-based rental assistance for the period May 24, 2010 through May 23, 2011; 2) $121,704 for sponsor-based rental assistance for the Pathways Project for the period June 1, 2010 through May 31, 2011, with Bonita House, Inc. as the project sponsor; 3) $117,648 for sponsor-based rental assistance for the Supportive Housing Network for the period of June 1, 2010 through May 31, 2011, with Resources for Community Development as the project sponsor; and 4) $449,784 in tenant-based rental assistance for the Collaborative Opportunities to Address Chronic Homelessness (COACH) grant. Financial Implications: See report Contact: Jane Micallef, Housing, Shelter Plus Care Contract with the County of Alameda From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with the County of Alameda for Shelter Plus Care funds in the amount of $231,672, to provide tenant-based rental assistance for people living with HIV/AIDS for the 12-month period of March 1, 2009 through February 28, Financial Implications: See report Contact: Jane Micallef, Housing, Tuesday, March 23, 2010 DRAFT AGENDA Page 4

13 Consent Calendar 11. Correction of Salary Range of Vector Control Technician Classification From: City Manager Recommendation: Adopt a Resolution to amend Resolution No. 64,174-N.S. (Classification and Salary Resolution for SEIU Local 1021 Community Services Chapter) to correct an error in the salary range for the classification of Vector Control Technician for the period of June 29, 2009 through June 23, Financial Implications: None Contact: David Hodgkins, Human Resources, Contract: Rising Sun Energy Center Energy Services Program From: City Manager Recommendation: Adopt a Resolution (Attachment A) waiving competitive solicitation and authorizing the City Manager to execute a contract with Rising Sun Energy Center to perform energy efficiency testing and improvements to homes owned by moderate income residents of the City of Berkeley for a total amount not to exceed $157,500 for the period of April 1, 2010 through August 31, Financial Implications: See report Contact: Dan Marks, Planning and Development, Schedule for Downtown Area Plan (DAP) Revisions From: City Manager Recommendation: Approve the schedule for Planning Commission and City Council public hearings, meetings, and action on proposed revisions to the Downtown Area Plan (DAP). Financial Implications: See report Contact: Dan Marks, Planning and Development, Purchase Orders: Downtown Ford for Vehicle Purchases in FY 2010 From: City Manager Recommendation: Adopt a Resolution increasing the City Manager authority threshold of $100,000 for vehicle equipment by $200,000 for a total not to exceed $300,000 for FY Financial Implications: Equipment Replacement Fund - $300,000 Contact: Claudette Ford, Public Works, Grant Application: Bicycle Plan Update - Caltrans Community-Based Transportation Planning From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Caltrans Community-Based Transportation Planning program to update the Berkeley Bicycle Plan and Bicycle Boulevard Design Tools and Guidelines in the amount of $300,000; and accept the grants awarded, and execute any resultant agreements and amendments. Financial Implications: See report Contact: Claudette Ford, Public Works, Tuesday, March 23, 2010 DRAFT AGENDA Page 5

14 Consent Calendar 16. Purchase Orders: Wilson Way Tire Company for Automobile and Truck Tires for FY 2010 through FY 2015 From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute annual purchase orders for tires for City owned vehicles and equipment with Wilson Way Tire Company in an amount not to exceed $715,000 for FY 2010 through FY Financial Implications: See report Contact: Claudette Ford, Public Works, Contract No Amendment: Comtech Communications for a Fire Station Alerting System From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No with Comtech Communications for the City's new Fire Station Alerting System increasing the contract amount by $57,640 for a new total amount not to exceed $381,167. Financial Implications: Measure G Funds - $57,640 Contact: Claudette Ford, Public Works, Contract: D Arcy & Harty Construction, Inc. for Sanitary Sewer Rehabilitation Project for Sacramento Street from University Avenue to Dwight Way From: City Manager Recommendation: Adopt a Resolution: 1) Approving the plans and specifications for the Sanitary Sewer Project, C, located on Sacramento Street from University Avenue to Dwight Way. 2) Accepting the bid of the lowest responsive responsible bidder, D Arcy and Harty Construction, Inc. 3) Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specification, in an amount not to exceed $300, for the period of 90 calendar days from the date of the execution of the contract. Financial Implications: See report Contact: Claudette Ford, Public Works, Purchase Order: Pape Machinery for One Waste Handler Wheel Loader From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for one waste handler wheel loader with Pape Machinery in an amount not to exceed $300,030. Financial Implications: Equipment Replacement Fund - $300,030 Contact: Claudette Ford, Public Works, Grant Application: Jobs for Main Street Act of 2010 Funding From: City Manager Recommendation: Adopt a Resolution authorizing the filing of an application for federal Jobs for Main Street Act of 2010 funding and stating the assurance to complete the Sacramento Street Rehabilitation project. Financial Implications: Federal Grant (ISTEA)- $1,619,000 Contact: Claudette Ford, Public Works, Tuesday, March 23, 2010 DRAFT AGENDA Page 6

15 Council Consent Items 21. Co-Sponsor the Center Street Art Walk From: Mayor Bates Recommendation: Co-sponsor the Center Street Art Walk, a two month pilot project organized and managed by a partnership that includes Downtown Berkeley Association (DBA), the Oxcent Group and Another Bullwinkel Show. Co-sponsorship includes a waiver of the event permit fees, and use of the city logo on event marketing materials. Financial Implications: $1,024 Contact: Tom Bates, Mayor, Oakland's Gang Injunction's Affect on Berkeley From: Councilmember Moore Recommendation: Direct the City Manager evaluate what impact Oakland's gang injunction may have on Berkeley and return with findings on the City Council's June 22nd meeting. Financial Implications: Unknown Contact: Darryl Moore, Councilmember, District 2, Support of H.R.4687, the Low-Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010 From: Councilmember Moore Recommendation: Adopt a Resolution supporting H.R.4687, the Low-Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010, and for the City Clerk to send a letter with a copy of the resolution to Speaker Pelosi, Congresswoman Barbara Lee, and Senators Feinstein and Boxer. Financial Implications: Unknown Contact: Darryl Moore, Councilmember, District 2, Regarding the Universal Periodic Review to the United Nations from the City of Berkeley From: Councilmember Anderson Recommendation: Adopt a Resolution in support of the universal periodic review to the United Nations from the City of Berkeley. Financial Implications: None Contact: Max Anderson, Councilmember, District 3, Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Congregations Organizing for Action From: Councilmember Arreguin Recommendation: Adopt a Resolution to approve the expenditure of $ 1,000 to the Berkeley Congregations Organizing for Action (BOCA) with funds relinquished to the City's general fund for this purpose from Councilmember Arreguin's discretionary Council Office Budget. Financial Implications: $1,000 Contact: Jesse Arreguin, Councilmember, District 4, Tuesday, March 23, 2010 DRAFT AGENDA Page 7

16 Council Consent Items 26. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Downtown Berkeley Association From: Councilmember Arreguin Recommendation: Adopt a Resolution to approve the expenditure of $1,000 to the Downtown Berkeley Association with funds relinquished to the City s general fund for this purpose from Councilmember Arreguín s discretionary Council Office Budget. Financial Implications: $1,000 Contact: Jesse Arreguin, Councilmember, District 4, Support of Senate Bill 1304: The Michelle Maykin Memorial Donation Protection Act From: Councilmember Arreguin Recommendation: Adopt a Resolution supporting SB 1304, which will grant the right of employees to utilize paid leave for the purposes of bone marrow donation. Financial Implications: None Contact: Jesse Arreguin, Councilmember, District 4, Support of Walter Hood's Proposed Conceptual Design for a Strawberry Creek Plaza on Center Street between Oxford Street and Shattuck Avenue From: Councilmembers Arreguin, Maio and Worthington Recommendation: 1. Adopt a Resolution supporting landscape architect Walter Hood's proposed conceptual design for a Strawberry Creek Plaza on Center Street between Oxford Street and Shattuck Avenue, directing the City Manager to refer the proposed conceptual design to staff for review and to work with Ecocity Builders and Citizens for a Strawberry Creek Plaza in developing a plan for technical study and design development and work with Ecocity Builders and Citizens for a Strawberry Creek Plaza to actively identify possible funding sources both public and private and to apply for the capital needed to raise the monies needed to execute the project. 2. Request that the City Manager report back to Council in 6 months with a report on the progress financing and the development of a plan for implementation of the proposed project. Financial Implications: Staff time Contact: Jesse Arreguin, Councilmember, District 4, Charging of Electric Vehicles in the Public Right of Way From: Councilmembers Capitelli and Wengraf Recommendation: Request that the City Manager refer to staff and the Public Works Commission, the need for a policy and guidelines for enabling the charging of electric vehicles in residential areas adjacent to or within the public right of way for residents who do not have access to off-street parking. Financial Implications: Staff time Contact: Laurie Capitelli, Councilmember, District 5, Tuesday, March 23, 2010 DRAFT AGENDA Page 8

17 Council Consent Items 30. Proclamation of the 8th Annual Holocaust Remembrance Day Event From: Councilmember Worthington Recommendation: Adopt a Holocaust Remembrance Day proclamation for the 8th Annual Holocaust Remembrance Day event. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Holocaust Remembrance Day Event From: Councilmember Worthington Recommendation: Adopt a Resolution to approve the expenditure of $1,007 to the Holocaust Remembrance Day Event with funds relinquished to the City's general fund for this purpose from Councilmember Kriss Worthington's discretionary Council Office Budget. Financial Implications: $1,007 Contact: Kriss Worthington, Councilmember, District 7, Support Proclamation Declaring April 24, 2010 Armenian Genocide Commemoration Day in Berkeley From: Councilmember Worthington Recommendation: Adopt a Proclamation declaring April 24, 2010 Armenian Genocide commemoration day in Berkeley. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, Send a Letter Supporting the Overdose Treatment Act (AB 2145) From: Councilmember Worthington Recommendation: Send a letter to Senator Loni Hancock and Assembly member Nancy Skinner supporting the Overdose Treatment Act (AB 2145). Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, Send a Letter to President Obama Supporting Leadership for ratification of CEDAW (Convention for the Elimination of Discrimination Against Women) From: Councilmember Worthington Recommendation: Send a letter to President Obama requesting leadership to ratify CEDAW, the critically important women's rights treaty by calling upon the U.S. Senate to conduct hearings and finalize ratification of CEDAW. Financial Implications: Staff time Contact: Kriss Worthington, Councilmember, District 7, City Manager Referral: Web-based Mail Preference Registry From: Councilmembers Wozniak, Capitelli and Wengraf Recommendation: Direct the City Manager to explore the feasibility of establishing a link on the City's website to mail management services for the residents of Berkeley and report back to Council by the end of April Financial Implications: Staff time Contact: Gordon Wozniak, Councilmember, District 8, Tuesday, March 23, 2010 DRAFT AGENDA Page 9

18 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 Telegraph Avenue From: City Manager Recommendation: Conduct a public hearing and either: 1 Adopt a Resolution approving an Administrative Use Permit (AUP) # to establish a commercial Laundromat within a mixed-use building comprising five commercial tenant spaces and ten residential condominiums. or 2 Direct staff to return on April 20, 2010 with a resolution and findings to deny the Administrative Use Permit. Financial Implications: See report. Contact: Dan Marks, Planning and Development, Action Calendar Old Business 37. Reallocate the Housing Trust Fund Reservation for 1200 Ashby Ave (Continued from March 9, 2010) a. From: Councilmember Moore Recommendation: Reallocate the Housing Trust Fund reservation for 1200 Ashby that was originally approved at the July 23, 2009 City Council meeting. This reallocation would be reserved through June 30, 2010 and would be contingent upon partnering with a non-profit developer and the City Manager s approval of the financing package. Financial Implications: See report Contact: Darryl Moore, Councilmember, District 2, Tuesday, March 23, 2010 DRAFT AGENDA Page 10

19 Action Calendar Old Business b. Discussion and Possible Action Regarding Affordable Housing Projects, Prince Hall Arms, and Ashby Arts; and Discussion of Current Housing Trust Fund Applications As Well As Ongoing Needs for Affordable Housing Funding From: City Manager Recommendation: placeholder Financial Implications: See report Contact: Jane Micallef, Housing and Community Services, Action Calendar New Business 38. Issuance of a Certificate of Participation (COP) for Construction of the New Animal Shelter From: City Manager Recommendation: Adopt a Resolution authorizing the execution sale and delivery of not to exceed $5, 100,000 certificates of participation, authorizing and directing execution of related lease financing documents and trust agreement, approving official statement, and authorizing official actions for the New Animal Shelter at 1 Bolivar Drive. Financial Implications: See report Contact: Robert Hicks, Finance, Contracts: Broward Builders, Inc.; Burks Toma Architects; and Design, Community, and Environment for the Dona Spring Animal Shelter and East Touchdown Plaza From: City Manager Recommendation: Adopt a Resolution: 1. Approving plans and specifications for construction of the Dona Spring Animal Shelter and East Touchdown Plaza (ETP) Project. 2. Denying all protests filed by bidders based on a decision reached through the informal protest hearing held on February 19, Accepting the bid of Broward Builders, Inc. 4. Authorizing the City Manager to execute a contract and any extensions or change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $8,118, Authorizing the City Manager to execute an amendment to Contract No. 7721C with Burks Toma Architects (BTA) for architectural construction administration services on the new Animal Shelter in an amount of $233,970 for a revised amount not to exceed $828,830 and extending the contract term through December 31, Authorizing the City Manager to execute an amendment to Contract No. 7185E with Design, Community, and Environment (DC&E) for landscape construction administration services on the new Animal Shelter and Eastern Touchdown Plaza in an amount of $50,000 for a total revised contract amount not to exceed $439,012 and extending the contract term through December 31, Financial Implications: See report Contact: Robert Hicks, Finance, Tuesday, March 23, 2010 DRAFT AGENDA Page 11

20 Action Calendar New Business 40. BRT Locally Preferred Alternative From: City Manager Recommendation: Adopt a Resolution forwarding a build alternative to AC Transit for study in its FEIS/R. Financial Implications: See report Contact: Dan Marks, Planning and Development, Information Reports 41. Status Report: Transfer Station Receipts Audit From: City Manager Contact: Claudette Ford, Public Works, Settlement of Litigation: Pacific Steel Casting v. Bay Area Air Quality Management District From: City Manager Contact: Zach Cowan, City Attorney, Soft Story Enforcement and Tenant Notification From: City Manager Contact: Dan Marks, Planning and Development, 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 (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 and KPFB Radio Archived indexed video streams are available at 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 Tuesday, March 23, 2010 DRAFT AGENDA Page 12

21 Agendas and agenda reports may be accessed via the Internet at and may be read at reference desks at the following locations: City Clerk Department Libraries: 2180 Milvia Street Main Kittredge Street Tel: Claremont Branch 2940 Benvenue TDD: West Branch 1125 University Fax: North Branch 1170 The Alameda 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 (V) or (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting. Tuesday, March 23, 2010 DRAFT AGENDA Page 13

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23 Office of the Mayor CONSENT CALENDAR March To: From: Subject: Honorable Members of the City Council Mayor Tom Bates Co-Sponsor the Center Street Art Walk RECOMMENDATION: Co-sponsor the Center Street Art Walk, a two month pilot project organized and managed by a partnership that includes Downtown Berkeley Association (DBA), the Oxcent Group and Another Bullwinkel Show. Co-sponsorship includes a waiver of the event permit fees, approval to submit one single annual permit rather than separate permits for each day, and use of the city logo on event marketing materials. BACKGROUND: The Center Street Art Walk, a partnership endeavor among the DBA, the Oxcent Group and Another Bullwinkel Show, is a pilot fine arts festival that will take place for eight consecutive Saturdays starting June 12 th and ending July 31, 2010, from 11:00 a.m. until 6:00 p.m. The objective of the pilot project is to enliven the Downtown and expand the offerings of the Downtown Berkeley Arts District. This pilot program will also serve as an initial step in the proposed revitalization of Center Street. Berkeley has many festivals where craft artisans sell their wares but there are none specifically designated for fine artists. There has been interest in developing a venue for these artists from City Council members, event producers, merchants, property owners, and the artists themselves. Center Street (from Shattuck to Oxford) is will be the initial site for the event. The wide sidewalks on the south side of the street. Eventually the event could spread west along Center Street in front of Berkeley City College, creating a physical link to the Farmer s Market. The street will not be closed to traffic. Artists will apply and be screened by Another Bullwinkel Show. If the show becomes successful with a large applicant pool, a jury will be engaged. Acoustic musicians (non- amplified) will be hired by the partnership to perform on the sidewalks. Food vendors will not be allowed to participate, as the event should drive traffic into the many food establishments lining Center Street. The partners will ensure that these events are accessible to members of the public with disabilities pursuant to 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) mayor@ci.berkeley.ca.us Website:

24 Page 2 applicable provisions contained in the Americans with Disabilities Act (ADA) and related non-discrimination laws. In preparation for this pilot project the partners are requesting a fee waiver of the event permit fees. The partnership is requesting the City of Berkeley co-sponsorship, which includes a waiver of the event permit fees, approval to submit one single annual permit rather than separate permits for each day, and use of the city logo on event marketing materials. Center Street Art Walk Partners: Oxcent Group (property owner) providing financial support The Downtown Berkeley Association - organizational sponsor Another Bullwinkel Show - event producer Individual artists and local art organizations - artist participants Partial list of arts organizations to be invited: Kala UC Berkeley Art Dept. Berkeley Art Center Berkeley City College Fine & Digital Art Depts. Berkeley High School Art Dept. Local Art Galleries FISCAL IMPACTS: Loss of approximately $1,024 in permit fees. CONTACT PERSON: Mayor Tom Bates ATTACHMENT 1. Map

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27 City Council Darryl Moore Councilmember District 2 CONSENT CALENDAR March 23, 2010 To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Darryl Moore Oakland s Gang Injunction s Affect on Berkeley RECOMMENDATION: Direct the City Manager evaluate what impact Oakland s gang injunction may have on Berkeley and return with findings on the City Council s June 22 nd meeting. BACKGROUND: On February 18 th, Oakland a court to grant them an injunction against the North Side Oakland gang, which is intended to prohibit gang members from conducting certain activities such as associating with other gang members in public or carrying items that can be used for graffiti or vandalism in a 100-block "safety zone" in North Oakland that stretches to the city's borders with Emeryville and Berkeley. Due to the additional pressure on North Oakland gang members from the injunction, there is some concern that their activities may be pushed across the Oakland border into Berkeley, where there is no injunction. FINANCIAL IMPLICATIONS: Unknown. CONTACT PERSON: Councilmember Darryl Moore, District Two Milvia Street Fifth Floor Berkeley CA TEL: (510) FAX: (510) WEB:

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29 City Council Darryl Moore Councilmember District 2 CONSENT CALENDAR March 23, 2010 To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Darryl Moore Support of H.R.4687, the Low-Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010 RECOMMENDATION: Adopt a Resolution supporting H.R.4687, the Low-Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010, and for the City Clerk to send a letter with a copy of the resolution to Speaker Pelosi, Congresswoman Barbara Lee, and Senators Feinstein and Boxer. BACKGROUND: The California Housing Partnership, in conjunction with other regional housing advocacy organizations, conducted a survey of California developers with Low Income Housing Tax Credit (LIHTC) properties that could start construction in 2010 if they had access to adequate equity and/or the ability to exchange 9% and 4% Tax Credits for cash through an expanded Tax Credit Exchange Program. With this improved LIHTC program, as many as 155 LIHTC developments could move forward this year providing more than 16,000 jobs and nearly 13,000 affordable homes in California alone. Congresswoman Linda Sanchez recently introduced a bill that would extend the 9% Tax Credit Exchange Program (TCEP) created by the American Recovery and Reinvestment Act (ARRA) but with three important improvements that make this bill superior to the proposed TCEP extension in the Tax Extenders Act already passed by the House (H.R. 4213): Clarifies that states have the option to loan the TCEP funds, not just grant them, thus correcting misinterpretations of Congressional intent in passing TCEP by various federal agencies and the unintended tax problems and additional wage costs that arose from them. Makes any recapture of TCEP funds by the Internal Revenue Service proportional to the number of units and amount of time over which these units were not serving eligible LIHTC households, fixing the current interpretation in which the amount of Credits recaptured may have little relationship to the lost public benefit Milvia Street Fifth Floor Berkeley CA TEL: (510) FAX: (510) WEB:

30 Clarifies that Tax Credit Allocating Committees can charge additional fees to administer TCEP so that they can hire additional capacity to process these awards while also running their traditional LIHTC programs The bill would also expand TCEP to include the exchange of unusable 4% credits and allows the return of difficult/expensive to sell tax-exempt bond authority so that it can be re-allocated and replaced by taxable financing. The Bill authorizes each state to allow LIHTC developers not only to exchange 4% Credits after demonstrating they have made a bona-fide effort to sell, but also to give back the allocation of private activity mortgage revenue bonds and to use taxable financing instead if they can demonstrate that the bonds can't be sold on reasonable terms or that replacing the bonds with taxable financing would likely lead to the creation of more affordable housing. The bond authority could then be re-allocated to other residential projects but would not be eligible to trigger a new allocation of Credits. To be eligible for the exchange of 4% Credits and/or return of the Tax Exempt Bond allocation in lieu of taxable financing, applicants must apply for and receive an allocation of Tax Exempt Bonds in FINANCIAL IMPLICATIONS: Unknown. CONTACT PERSON: Councilmember Darryl Moore, District Two Attachments: 1) Resolution 2) Letter to legislators

31 RESOLUTION NO. ##,###-N.S. IN SUPPORT OF H.R.4687, THE LOW-INCOME HOUSING TAX CREDIT EXCHANGE EXPANSION AND JOB CREATION ACT OF 2010 WHEREAS, the Low Income Housing Tax Credit (LIHTC) program is the nation s largest and most successful affordable rental housing production program and has financed more than 2 million affordable apartment homes since 1987 and until recently, about 120,000 annually; and WHEREAS, the economic downturn has lead to a lack of investment capital at a time when the need for affordable rental housing is greater than ever; and WHEREAS, without Congressional action, construction on as many as 60,000 affordable apartments may be delayed or lost this year; and WHEREAS, the lack of LIHTC development also means the loss of tens of thousands of lost construction jobs, as many as 90,000 this year; and WHEREAS, the California Housing Partnership Corporation, in conjunction with its regional advocacy partners, just released a report stating that 155 LIHTC developments with 12,703 apartments, with the potential to create 16,814 LIHTC-related jobs, could be created if there was access to adequate equity and/or the ability to exchange 9% and 4% tax credits for cash through an expanded Tax Credit Exchange Program. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley supports H.R.4687, the Low-Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010, for its potential to help fill a huge gap in the need for affordable rental housing as well as creating thousands of jobs during these financially trying times.

32 February, 2010 The Honorable (FIRST AND LAST NAME) House Office Building U.S. House of Representatives Washington, DC Re: The Low-Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010 Dear Congress(man/woman) (LAST NAME): I am writing to thank you for your leadership in the important effort to ensure the continued development of affordable rental housing. On February 24th, Congresswoman Linda Sanchez, representing California s 39th Congressional District, introduced H.R.4687, the Low-Income Housing Tax Credit Exchange Expansion and Job Creation Act of On behalf of (YOUR ORGANIZATION), I urge you to cosponsor this bill that will lead to the creation of both jobs and affordable rentals for our community. As the nation s largest and most successful affordable rental housing production program, the Low Income Housing Tax Credit (LIHTC) program has financed more than 2 million affordable apartment homes since 1987 and until recently, about 120,000 annually. However, the economic downturn has led to a lack of investment capital at a time when, as a result of the foreclosure crisis, the need for affordable rental housing is greater than ever. Without Congressional action, construction on as many as 60,000 affordable apartments may be delayed or lost this year. The lack of LIHTC development also means the loss of tens of thousands of lost construction jobs, as many as 90,000 this year. The California Housing Partnership Corporation, in conjunction with its regional advocacy partners, just released a report on the number of LIHTC properties in California that could start construction in 2010 if they had access to adequate equity and/or the ability to exchange 9% and 4% Tax Credits for cash through an expanded Tax Credit Exchange Program. CHPC found that 39 California developers have 155 LIHTC developments with 12,703 apartments that could begin construction in Using job creation ratios provided by the National Association of Home Builders, this translates into 16,814 potential LIHTC-related jobs. [Note: not all California LIHTC developers were able to respond, therefore, we believe actual numbers of LIHTC apartments and jobs for 2010 could be higher by as much as 50%.] As the House prepares to debate whether these provisions should be included in Jobs legislation, we are asking for you to indicate your support by offering to cosponsor H.R Your strong support for these proposals will help restore investment in affordable rental housing, produce and preserve needed affordable rental apartments, and employ tens of thousands of Americans. Sincerely, [Your name, title, organization and district address]

33 Max Anderson Councilmember District 3 CONSENT CALENDAR March 23, 2010 To: Honorable Mayor and Members of the City Council From: Councilmember Max Anderson, District 3 Subject: Regarding the Universal Periodic Review to the United Nations from the City of Berkeley RECOMMENDATION That the Berkeley City Council adopt a resolution in support of the universal periodic review to the United Nations from the City of Berkeley. FINANCIAL IMPLICATIONS NONE BACKGROUND Chapter 3.68 of the Berkeley Municipal Code sets forth functions of the Peace and Justice Commission including, [to] Advise the Berkeley City Council on all matters relating to the City of Berkeley s role in issues of peace and social justice, including [ ] support for human rights [ ] throughout the world;. CONTACT PERSON Councilmember Max Anderson, District Attachments: 1. Resolution 2. Background 2180 Milvia Street, Berkeley, CA Tel: (510) Fax: (510) manderson@cityofberkeley.info

34 RESOLUTION NO. XXXXX RESOLUTION IN SUPPORT OF THE UNIVERSAL PERIODIC REVIEW TO THEUNITED NATIONS FROM THE CITY OF BERKELEY WHEREAS, Chapter 3.68 of the Berkeley Municipal Code sets forth functions of the Peace and Justice Commission including, [to] Advise the Berkeley City Council on all matters relating to the City of Berkeley s role in issues of peace and social justice, including [ ] support for human rights [ ] throughout the world; and WHEREAS, the Berkeley City Council has adopted Articles 55 and 56 of the United Nations Charter as its Human Rights Ordinance; and WHEREAS, the Berkeley City Council adopted the Peace and Justice Commissionsponsored United Nations Treaty Reports Resolution of September 29, 2009, concerning the International Covenant on Civil and Political Rights (ICCPR), the International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ICAT), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); and WHEREAS, unpaid interns and volunteers can and have compiled data that city agencies already collect to send the needed information to the appropriate United Nations Reporting Subcommittees, and staff of the City of Berkeley say sending in the reports to the appropriate United Nations Reports Subcommittees has heightened their awareness of human rights issues within the city and beyond; and WHEREAS, the Universal Periodic Review, a function of the United Nations Human Rights Council, reviews the human rights records of countries every four years, and the United States first review is on November 26, NOW THEREFORE, BE IT RESOLVED that the Peace and Justice Commission requests the Berkeley City Council to file a very brief report to the U.S. Department of State for inclusion in its national Universal Periodic Review report by April 30, This report can consist of the following: The City of Berkeley passed a Human Rights Ordinance in 1990 based on United Nations Charter Articles 55 and 56. The City of Berkeley made a report to CERD in On September 29, 2009, the City of Berkeley committed to make periodic reports to all three UN Human Rights Treaties.

35 Berkeley City Council members have stated that the local reports of the UN Treaty Reporting project: Will provide for a constructive focus on local Social Justice Issues Will raise public awareness of City programs that address Social Justice Issues in the City Will be useful in achieving policy goals of the City Could promote diversity in City Government and better conditions for Berkeley Citizens

36 BACKGROUND: Information and Guidelines For Relevant Stakeholders on the Universal Periodic Review Mechanism In 2006, the United Nations General Assembly, through Resolution 60/251, created the Human Rights Council, which serves to protect and promote human rights. The Universal Periodic Review, a function of the Human Rights Council, reviews the human rights records of countries every four years. The UPR allows for all applicable stakeholders, as defined below, to participate: Stakeholders, which are referred to in [Human Rights Council] Resolution 5/1, include, inter alia, NGOs, national human rights institutions, human rights defenders, academic institutions and research institutes, regional organizations, as well as civil society representatives. ################################## Human Rights Project at the Urban Justice Center, A Practical Guide to the United Nations Universal Periodic Review (UPR). Page 5: Unlike the review process of the treaty bodies such as the Committee on the Elimination of Racial Discrimination (CERD), the UPR is a peer review [ ]. This is an innovative and cooperative mechanism based on an interactive dialogue between the country that is being review and any other UN country. During this interactive dialogue, the country under review presents its report, answers questions, and receives recommendations from other countries. The interactive dialogue is followed by the informal adoption of an outcome document that includes all the recommendations made to the country under review. The outcome document is officially adopted at the Human Rights Council regular session. The main goals of the UPR are: 1. Addressing inequalities and all forms of discrimination. 2. Advancing the human rights situation for all. 3. Pushing governments to fulfill their human rights obligations and commitments. 4. Reviewing positive developments and challenges faced by countries. 5. Sharing best practices between the countries and the stakeholders. Page 16: The stakeholders deadline to submit their documents (less than 5 pages) is by April 19, 2010, 6:00 am EST. The official government report is due in August Though the City of Berkeley reports to the United States Government, it still counts as a stakeholder in this case.

37 Annexes and supporting information may be attached only for reference. There is no limit to the size of annexes; however they should not include pictures, maps, organizations annual reports or reports from another organization. It is preferred that reports not contain an extensive amount of footnotes. Reports should be saved as a Word document only, i.e. not as PDF file, in Times New Roman, font size 12. Paragraphs and pages of each submission should be numbered. ####################### Universal Periodic Review (UPR) Frequently Asked Questions, U.S. Department of State Q: Can I provide feedback to the United States on the human rights situation where I live? A: Yes! An active component of the UPR includes seeking input from non-governmental organizations and other domestic civil society groups, state and local authorities, tribal governments, universities, and individuals on the status of respect for human rights in the United States today. Your feedback is vital for us to better gauge the U.S. human rights situation now, and how protection of human rights can be improved in our country and around the world. We look forward to receiving your comments. Q: When can I submit information to the Department of State? A: The Department of State will accept feedback from now until April 30 th, At that point, we will take the information gathered from the community and begin to compile our report, which will be submitted to the UN for the review of the United States. Again, the address where you can send your questions, comments, and concerns is: upr_info@state.gov ############################# Universal Periodic Review Contact Information Further information may be sought at the following address: UPRsubmission@ohchr.org ##################################### Because Berkeley took the initiative to report to the United Nations Committee on the Elimination of Racial Discrimination in 2007 in regard to the International Convention on the Elimination of Racial Discrimination and because the Berkeley City Council passed the United Nations Treaty Resolution in September 2009, Berkeley should be honored to further serve as an example to the rest of the country and the world by presenting its human rights record to the UN Human Rights Council s Universal Periodic Review of the United States.

38 Human Rights Project: The Urban Justice Center, 123 William Street, 16th Floor, New York, NY A Practical Guide to the Unite4d Nations Universal Periodic Review Introduction The Universal Periodic Review (UPR) provides a new and exciting opportunity for advocates to hold the United States government accountable to all its human rights obligations and commitments. Similar to other human rights mechanisms, the UPR encourages advocates to engage in dialogue and challenge their governments to respect, protect and fulfill the broad range of human rights under the umbrella of international law and agreements. The UPR is also a unique instrument available to United States advocates to advance economic and social rights such as the right to work, to housing, to health, etc; rights that are recognized by the Universal Declaration of Human Rights (UDHR) one of the documents used in the UPR as well as several other human rights treaties. Participation by advocates in the UPR is a key part of the process and can be effective at different levels. The Human Rights Project (HRP) at the Urban Justice Center employed its extensive experience and knowledge from engaging advocates in other human rights mechanisms to develop this UPR toolkit. We hope advocates will use it to strategically engage in the UPR process.

39 Jesse Arreguin Councilmember, District 4 CONSENT CALENDAR March 23, 2010 To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Jesse Arreguin Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Congregations Organizing for Action RECOMMENDATION Adopt a Resolution to approve the expenditure of $ 1,000 to the Berkeley Congregations Organizing for Action (BOCA) with funds relinquished to the City s general fund for this purpose from Councilmember Arreguin s discretionary Council Office Budget. FISCAL IMPACTS OF RECOMMENDATION No General Fund impact; $1,000 is available from Councilmember Arreguin s Council Office Budget discretionary account. BACKGROUND We are proposing that the City Council make a grant of $ 1,000 to Berkeley Congregations Organizing for Action (BOCA) to help cover travel expenses for Berkeley youth to visit Washington DC to lobby for comprehensive immigration reform. CONTACT PERSON Jesse Arreguin, Councilmember, District Attachments: 1. Resolution 2180 Milvia Street, Berkeley, CA Tel: (510) 981-[XXXX] TDD: (510) Fax: (510) 981-[XXXX] [ address]

40 RESOLUTION NO. ##,###-N.S. AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Councilmember Jesse Arreguin has surplus funds in his/her office expenditure account (budget code ); and WHEREAS, a California non-profit tax exempt corporation Berkeley Congregations Organizing for Action seeks funds in the amount of $ 1,000 to provide the following public services help cover travel expenses for Berkeley youth to visit Washington DC to lobby for comprehensive immigration reform; and WHEREAS, the provision of such services would fulfill the following municipal public purpose; to help fund travel expenses for Berkeley middle school and high school students to visit Washington DC to lobby Congressional leaders and to participate in events calling for comprehensive immigration reform; and WHEREAS, the City of Berkeley has supported comprehensive immigration reform and is a Sanctuary City ensuring that the City of Berkeley does not work in collaboration with federal authorities to indentify and deport undocumented residents and supports the just treatment of all people including immigrants; and WHEREAS, by helping fund the costs of Berkeley youth to travel to Washington DC it will promote civic education and awareness of local youth and will help advance the cause of immigration reform. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract with Berkeley Congregations Organizing for Action not to exceed the amount of $ 1,000 to fund travel expenses for Berkeley youth to visit Washington DC to lobby for comprehensive immigration reform.

41 Jesse Arreguín Councilmember, District 4 CONSENT CALENDAR March 23, 2010 To: From: Subject: Honorable Mayor and Members of the City Council Councilmember Jesse Arreguín Relinquishment Of Council Office Budget Funds To General Fund And Grant Of Such Funds To The Downtown Berkeley Association RECOMMENDATION: Adopt a Resolution to approve the expenditure of $1,000 to the Downtown Berkeley Association with funds relinquished to the City s general fund for this purpose from Councilmember Arreguín s discretionary Council Office Budget. FISCAL IMPACTS OF RECOMMENDATION: No General Fund impact; $1,000 is available from Councilmember Arreguín s Council Office Budget discretionary account. BACKGROUND: We are proposing that the City Council approve a grant of $1,000 to the Downtown Berkeley Association to help fund the costs of the Downtown Berkeley MusicFest. The Downtown Berkeley MusicFest is held every year in the late summer. The festival includes over thirty free events and musical performances spanning many genres. The festival highlights not only the amazing diversity of Berkeley s downtown scene but also features a rich array of musical performances at venues throughout the downtown area, including the Downtown Berkeley Library, the Berkeley Farmer s Market and the new Freight and Salvage Coffeehouse which opened at its new location in the Addison Street Arts District on August 27 th during last year s Downtown Berkeley MusicFest. In previous years, the City has officially co-sponsored the Downtown Berkeley Music Festival and provided a contribution of $ 2,500 to help cover the costs of the event. On July 23, 2009, the Berkeley City Council unanimously adopted Resolution No. 64,585 approving co-sponsorship of the 2009 Downtown Berkeley MusicFest and referred the request for funding to the City Manager. Unfortunately given budgetary constraints, the City was not able to provide a monetary contribution last year. Therefore, Councilmember Arreguin is requesting Council authorization 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) jarreguin@cityofberkeley.info

42 of an allocation to the Downtown Berkeley Association to help support the costs associated with the Downtown Berkeley MusicFest event. CONTACT PERSON: Jesse Arreguin, Councilmember, District Attachments: 1. Resolution 2. Resolution No. 64,585, approved by Council on July 23, 2009, Approving City of Berkeley Co-Sponsorship of the 2009 Downtown Berkeley MusicFest

43 RESOLUTION NO. ##,###-N.S. AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Councilmember Jesse Arreguín has surplus funds in his office expenditure account (budget code ); and WHEREAS, a California non-profit tax exempt corporation Downtown Berkeley Association seeks funds in the amount of $1,000 to help fund the costs of the Downtown Berkeley MusicFest; and WHEREAS, the Downtown Berkeley MusicFest is held every year in the late summer; and WHEREAS, the festival includes over thirty free events and musical performances spanning many genres and highlights not only the amazing diversity of Berkeley s downtown scene but also features a rich array of musical performances at venues throughout the downtown area; and WHEREAS, in previous years, the City has officially co-sponsored the Downtown Berkeley Music Festival and provided a contribution of $ 2,500 to help cover the costs of the event. WHEREAS, on July 23, 2009, the Berkeley City Council unanimously adopted Resolution No. 64,585 approving co-sponsorship of the 2009 Downtown Berkeley MusicFest and referred the request for funding to the City Manager; and WHEREAS, unfortunately given budgetary constraints, the City was not able to provide a monetary contribution last year; and WHEREAS, Councilmember Arreguin is requesting Council authorization of an allocation to the Downtown Berkeley Association to help support the costs of the Downtown Berkeley MusicFest event. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract with the Downtown Berkeley Association not to exceed the amount of $1, to help support the costs of the Downtown Berkeley Musicfest.

44

45 Jesse Arreguín Councilmember, District 4 CONSENT CALENDAR March 23, 2010 To: Honorable Mayor and Members of the City Council From: Subject: Councilmember Jesse Arreguín Support of Senate Bill 1304: The Michelle Maykin Memorial Donation Protection Act RECOMMENDATION: Adopt a Resolution supporting SB 1304, which will grant the right of employees to utilize paid leave for the purposes of bone marrow donation. BACKGROUND: On September 22, 2009, City Council adopted a resolution honoring the life of Michelle Maykin, whose fight against leukemia inspired her to start Project Michelle, a campaign aimed at increasing the number of bone marrow donors in the registry. Additionally, City Council recognized the importance of becoming a donor to save a life, particularly in minority communities. Last month, State Senator Mark DeSaulnier introduced Senate Bill 1304: the Michelle Maykin Memorial Donation Protection Act, which will provide State and private sector employees 5 days paid leave for the purposes of bone marrow donation. Bone marrow donations are essential for the treatment of more than 70 life-threatening diseases. However, there is a particularly acute need for ethnic minority and multi-ethnic donors - of the nearly 7 million people on the National Marrow Donor Program, only 9 percent are of African ancestry, 8 percent are of Asian ancestry, 7 percent are of Latino Ancestry, and 3 percent are of multiple ancestries; ethnic minorities are nearly 3 times less likely to find a life-saving match and that number is higher for those with multiethnic backgrounds. Not only does a patient face difficulty in finding a life-saving match, there is the additional, unnecessary hurdle for donors to secure paid leave from employment to undergo the donation process, which has a disproportionate impact on minority patients in need. The donation process typically requires donors to undergo 5 days of rest and preparation that is medically necessary for the procedure. Unfortunately, a number of potential life-saving donations are needless delayed or prevented due to the lack of leave and position security for employees who want to give the gift of life. Engaging in this life-saving donation should not penalize participating employees by requiring them to exhaust family leave, sick leave, vacation, or taking leave without pay; 2180 Milvia Street, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) jarreguin@cityofberkeley.info

46 FINANCIAL IMPLICATIONS: NONE. CONTACT PERSON: Jesse Arreguín, Councilmember, District Attachments: 1. Resolution 2: Senate Bill 1304

47 RESOLUTION NO. ##,###-N.S. SUPPORTING SENATE BILL 1304: THE MICHELLE MAYKIN MEMORIAL DONATION PROTECTION ACT WHEREAS, State Senator Mark DeSaulnier has introduced Senate Bill 1304: The Michelle Maykin Memorial Donation Protection Act, which will grant the right of employees to utilize up to 5 days of paid leave for the purposes bone marrow donation; and WHEREAS, the City of Berkeley recognizes the amazing life of Michelle Maykin, whose courageous fight against leukemia has inspired thousands to register to save lives as bone marrow donors; and WHEREAS, bone marrow donations are essential for the treatment of more than 70 lifethreatening diseases; and WHEREAS, such altruistic donations are entirely voluntary to benefit others, without compensation, and should be encouraged; and WHEREAS, there is a particularly acute need for ethnic minority and multi-ethnic donors - of the nearly 7 million people on the National Marrow Donor Program, only 9 percent are of African ancestry, 8 percent are of Asian ancestry, 7 percent are of Latino Ancestry, and 3 percent are of multiple ancestries; and WHEREAS, ethnic minorities are nearly 3 times less likely to find a life-saving match and that number is higher for those with multi-ethnic backgrounds; and WHEREAS, in addition to the difficulty a patient faces in finding a life-saving match, there is also the unnecessary hurdle for donors to secure paid leave from employment to undergo the donation process, which has a disproportionate impact on minority patients in need; and WHEREAS, the donation process typically requires donors to undergo 5 days of rest and preparation that is medically necessary for the procedure; and WHEREAS, a number of potential life-saving donations are needless delayed or prevented due to the lack of leave and position security for employees who want to give the gift of life; and WHEREAS, engaging in this life-saving donation should not penalize participating employees by requiring them to exhaust family leave, sick leave, vacation, or taking leave without pay; and

48 WHEREAS, the City of Berkeley recognizes the importance of paid leave for the purposes of bone marrow donation and that there should be no barriers to prevent giving the gift of life. NOW THEREFORE, BE IT RESOLVED that the City of Berkeley hereby supports Senate Bill 1304: The Michelle Maykin Memorial Donation Protection Act. BE IT FURTHER RESOLVED that copies of this resolution be sent to the Senate Committee on Labor and Industrial Relations, California State Senators Darrell Steinberg and Loni Hancock, Assemblymember Nancy Skinner and Governor Arnold Schwarzenegger.

49 SENATE BILL No Introduced by Senator DeSaulnier February 19, 2010 An act to amend Section of the Government Code, and to add Part 5.5 (commencing with Section 1508) to Division 2 of the Labor Code, relating to employment. legislative counsel s digest SB 1304, as introduced, DeSaulnier. Employment: leave and benefits. Existing law requires that employees of the state who have exhausted all available sick leave be permitted to take a leave of absence with pay, not exceeding 30 days for the purpose of organ donation and not exceeding 5 days for bone marrow donation, as prescribed. This bill would eliminate the requirement that a state employee exhaust all available sick leave prior to being entitled to the above-recited paid leaves of absence. This bill would also require private employers to permit employees to take similar paid leaves of absence for organ and bone marrow donation. The bill would require a private employer to restore an employee returning from leave for organ or bone marrow donation to the same position held by the employee when the leave began or an equivalent position. The bill would prohibit a private employer from interfering with an employee taking organ or bone marrow donation and from retaliating against an employee for taking such leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. The bill would also create a private right of action for an aggrieved employee to seek enforcement of these provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 99

50 SB The people of the State of California do enact as follows: SECTION 1. Section of the Government Code is amended to read: (a) Subject to subdivision (b), an appointing power shall grant to an employee, who has exhausted all available sick leave, the following leaves of absence with pay: (1) A leave of absence not exceeding 30 days to any an employee who is an organ donor in any one-year period, for the purpose of donating his or her organ to another person. (2) A leave of absence not exceeding five days to any an employee who is a bone marrow donor in any one-year period, for the purpose of donating his or her bone marrow to another person. (b) In order to receive a leave of absence pursuant to subdivision (a), an employee shall provide written verification to the appointing power that he or she is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. (c) Any period of time during which an employee is required to be absent from his or her position by reason of being an organ or bone marrow donor is not a break in his or her continuous service for the purpose of his or her right to salary adjustments, sick leave, vacation, annual leave, or seniority. (d) If an employee is unable to return to work beyond the time or period that he or she is granted leave pursuant to this section, he or she shall be paid any vacation balance, annual leave balance, or accumulated compensable overtime. The payment shall be computed by projecting the accumulated time on a calendar basis as though the employee was taking time off. If, during the period of projection, the employee is able to return to work, he or she shall be returned to his or her former position as defined in Section (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section , the memorandum of understanding shall be controlling without further legislative action, except that, if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. 99

51 3 SB SEC. 2. Part 5.5 (commencing with Section 1508) is added to Division 2 of the Labor Code, to read: PART 5.5. ORGAN AND BONE MARROW DONATION This part shall be known and may be cited as the Michelle Maykin Memorial Donation Protection Act For purposes of this part, the following terms have the following meanings: (a) Employee and employee benefits have the same meanings set forth in Section (b) Employer means any person, partnership, corporation, association, or other business entity that employs 15 or more employees (a) Subject to subdivision (b), an employer shall grant to an employee the following paid leaves of absence: (1) A leave of absence not exceeding 30 days to an employee who is an organ donor in any one-year period, for the purpose of donating his or her organ to another person. (2) A leave of absence not exceeding five days to an employee who is a bone marrow donor in any one-year period, for the purpose of donating his or her bone marrow to another person. (b) In order to receive a leave of absence pursuant to subdivision (a), an employee shall provide written verification to his or her employer that he or she is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. (c) Any period of time during which an employee is required to be absent from his or her position by reason of being an organ or bone marrow donor is not a break in his or her continuous service for the purpose of his or her right to salary adjustments, sick leave, vacation, annual leave, or seniority. (d) This part does not affect the obligation of an employer to comply with a collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this part. (e) The rights provided under this part shall not be diminished by a collective bargaining agreement or employee benefit plan entered into on or after January 1,

52 SB An employer shall, upon expiration of a leave authorized by this part, restore an employee to the position held by him or her when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this section because of conditions unrelated to the exercise of rights under this part by the employee (a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise a right established by this part. (b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who does either of the following: (1) Exercises a right provided under this part. (2) Opposes a practice made unlawful by this part (a) An employee may bring a civil action in the superior court of the appropriate county to enforce this part. (b) The court may enjoin any act or practice that violates this part and may order any equitable relief necessary and appropriate to redress the violation or to enforce this part. O 99

53 Berkeley City Council CONSENT CALENDAR March 23, 2010 To: From: Subject: Honorable Mayor and Members of the City Council Councilmembers Jesse Arreguín, Linda Maio and Kriss Worthington Support of Walter Hood s proposed conceptual design for a Strawberry Creek Plaza on Center Street between Oxford Street and Shattuck Avenue RECOMMENDATION: 1. Adopt a resolution supporting landscape architect Walter Hood s proposed conceptual design for a Strawberry Creek Plaza on Center Street between Oxford Street and Shattuck Avenue, directing the City Manager to refer the proposed conceptual design to staff for review and to work with Ecocity Builders and Citizens for a Strawberry Creek Plaza in developing a plan for technical study and design development and work with Ecocity Builders and Citizens for a Strawberry Creek Plaza to actively identify possible funding sources both public and private and to apply for the capital needed to raise the monies needed to execute the project. 2. Request that the City Manager report back to Council in 6 months with a report on the progress financing and the development of a plan for implementation of the proposed project. BACKGROUND: In 1999, the City of Berkeley completed an initial data collection study for daylighting Strawberry Creek in downtown, complied by Wolfe/Mason and Associates Landscape Architects. The City of Berkeley General Plan policy LU-17 calls for an evaluation of daylighting Strawberry Creek as part of an ecological demonstration/mixed use project in the downtown. City of Berkeley General Plan policy LU-20 says Continue to explore costs and plans for the daylighting of Strawberry Creek. and Encourage development of public spaces, plazas and restoration of natural areas in the Downtown and other areas of the city where appropriate to enhance the pedestrian environment Milvia Street, 5 th Floor, Berkeley, CA Tel: (510) TDD: (510) Fax: (510) jarreguin@cityofberkeley.info