Regular Meeting Annotated Agenda
June 9, 2009

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 9, 2009

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak


 

Preliminary Matters

Roll Call: 7:02 p.m.  Absent: Councilmember Worthington.  Councilmember Worthington present at 7:10 p.m.

Ceremonial Matters: 
1.  Juneteenth Festival
2.  Masuko Yamada

City Manager Comments: St. Paul’s Church offering economic assistance.

Public Comment on Non-Agenda Matters: 2

Public Comment on Consent Calendar and Information Items Only: 1.

Consent Calendar

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

1. FY 2010 Tax Rate: Fire Protection and Emergency Response Preparedness (Measure GG) (pdf)
From:  City Manager
Recommendation: Adopt second reading of Ordinance No. 7,085–N.S. setting the FY 2010 tax rate for Fire protection and Emergency Response and Preparedness at an annual rate of $.04083 (4.083 cents) per square foot of improvements for dwelling units and $.061245 (6.1245 cents) for the 18 month period from January 1, 2009 to June 30, 2010; and setting the rate for all other property at an annual rate of $.06179 (6.179 cents) and $.0927 (9.27 cents) for the 18 month period from January 1, 2009 to June 30, 2010.
First Reading Vote:  All Ayes
Financial Implications:  See report
Contact:  Robert Hicks, Finance, 981-7300
Action:  Adopted second reading of Ordinance No. 7,085–N.S.

2. FY 2010 Tax Rate: Disaster Fire Protection (Measure Q) (pdf)
From:  City Manager
Recommendation: Adopt second reading of Ordinance No. 7,086–N.S. setting the FY 2010 tax rate for the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact:  Robert Hicks, Finance, 981-7300
First Reading Vote:  All Ayes
Action: Adopted second reading of Ordinance No. 7,086–N.S.

3. FY 2010 Tax Rate: Measure S General Obligation Bonds-Election of 1996 (2007 Refunding Bonds) (pdf)
From:  City Manager
Recommendation:  Adopt second reading of Ordinance No. 7,087–N.S. setting the FY 2010 tax rate for the Measure S General Obligation Bonds (Election of 1996, 2007 Refunding Bonds) at 0.025%.
Financial Implications: See report
Contact:  Robert Hicks, Finance, 981-7300
First Reading Vote:  All Ayes
Action: Adopted second reading of Ordinance No. 7,087–N.S.

4. FY 2010 Tax Rate: Neighborhood Branch Library Improvements Project General Obligation Bonds-Election of November 2008 (pdf) 
From:  City Manager
Recommendation: Adopt second reading of Ordinance No. 7,088–N.S. setting the FY 2010 tax rate for the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008) at 0.01106%.
Financial Implications:  See report
Contact:  Robert Hicks, Finance, 981-7300
First Reading Vote:  All Ayes
Action: Adopted second reading of Ordinance No. 7,088–N.S.

5. FY 2010 Tax Rate: Fire Seismic General Obligation Bonds-Election of 1992 (Measure G, 2002 and 2007 General Obligation Refunding Bonds) (pdf)
From:  City Manager
Recommendation:  Adopt second reading of Ordinance No. 7,089–N.S. setting the FY 2010 tax rate for Fire Seismic General Obligation Bonds (Measure G, 2002 and 2007 General Obligation Refunding Bonds at 0.0135%).
Financial Implications:  See report
Contact:  Robert Hicks, Finance, 981-7300
First Reading Vote:  All Ayes
Action: Adopted second reading of Ordinance No. 7,089–N.S.

6. FY 2010 Tax Rate: Animal Shelter General Obligation Bonds-Election of November 2002 (pdf)
From:  City Manager
Recommendation:  Adopt second reading of Ordinance No. 7,090–N.S. setting the FY 2010 tax rate for the Animal Shelter General Obligation Bonds (Measure I, November 2002 at 0.001%.
Financial Implications:  See report
Contact:  Robert Hicks, Finance, 981-7300
First Reading Vote:  All Ayes
Action: Adopted second reading of Ordinance No. 7,090–N.S.

7. Minutes for Approval (pdf) 
From: City Manager
Recommendation: Approve the minutes of the May 26, 2009 special closed City Council Meeting.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes as submitted.

8. Assessment: North Shattuck Business Improvement District (pdf)
From: City Manager
Recommendation: Adopt a Resolution: 1) Approving the FY 2009 report of the North Shattuck Business Improvement District (NSBID); 2) Declaring Council’s intention to levy an annual assessment for the NSBID for FY 2010; and 3) Scheduling a public hearing for July 14, 2009 to consider levying a renewed assessment for FY 2010.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted Resolution No. 64,483–N.S.

9. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (pdf)
From:  City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications:  Various Funds - $875,000
Contact:  Robert Hicks, Finance, 981-7300
Action:  Approved recommendation.

10. Purchase Order: Golden Gate Truck Center for Two Aboveground Water System Transport Trucks (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order for Golden Gate Truck Center in an amount not to exceed $470,000 for two transport trucks for use with the Measure Q Aboveground Water System.
Financial Implications: Measure Q Vehicle Fund - $470,000
Contact: Debra Pryor, Fire, 981-3473
Action:  Adopted Resolution No. 64,484–N.S.

11. Contract No. 7167 Amendment: Financial Software Maintenance (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7167 and any amendments with SunGard Public Sector (formerly SunGard HTE) for maintenance and support of the City’s financial software system, increasing the amount by $130,000 for a total contract amount not to exceed $530,000 and extending the term to June 30, 2010.
Financial Implications:  See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,485–N.S.

12. Contract No. 7912 Amendment: Process Improvement and Training Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7912 with Software AG for process improvement and training services, increasing the amount by $130,000 for a total contract amount not to exceed $155,000, and extending the term to June 30, 2011.
Financial Implications: See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,486–N.S.

13. Contract No. 7489 Amendment: WebMethods Enterprise Service Bus (“Middleware”) (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7489 with Software AG for licensing and maintenance of the WebMethods Enterprise Server Bus (“Middleware”), increasing the amount by $45,000 for a total contract amount not to exceed $185,000, extending the term to June 30, 2011 and rescinding Resolution No. 64,240-N.S.
Financial Implications:  See report
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Adopted Resolution No. 64,487–N.S.

14. **Removed from the agenda per the City Manager**Contract: Field Paoli For Architectural and Engineering Design Services - Berkeley Public Library Improvement Bond Program (South Branch Library), Measure FF (pdf)

15. Lease Agreement: 80 Bolivar Drive (Sailing Building) in Aquatic Park to Bay Area Outreach Recreation Program (BORP) (pdf) 
From: City Manager
Recommendation: Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Bay Area Outreach and Recreation Program (“BORP”) to use the property located at 80 Bolivar Drive in Aquatic Park for a lease term anticipated to begin August 1, 2009 and ending December 31, 2013, with an option to extend for an additional five-year period.
Financial Implications: See report
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted first reading of Ordinance No. 7,091–N.S.  Second reading scheduled for June 23, 2009.

16. Purchase Orders: Downtown Ford Sales of Sacramento for FY 2009 Vehicles (pdf)
From: City Manager
Recommendation: Adopt a Resolution ratifying the expenditures with Downtown Ford Sales of Sacramento (based on City requirement to purchase from lowest bidder) that exceed the City Manager authority threshold of $100,000 by $8,406, and authorizing the City Manager to enter into additional purchase orders for $226,000 in FY 2009 for a total not to exceed $334,406.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Removed from agenda by the City Manager. 

17. Contracts: Construction Testing Services and Geosphere Consultants Inc. for On-Call, Geotechnical/Engineering Services (pdf)
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute contracts and any amendments, extensions or other change orders to provide geotechnical and engineering testing support services for various City projects for a period of three years for a total amount not to exceed $800,000, for the period July 1, 2009 to June 30, 2012.  The contracts are with:

  1. Construction Testing Services in an amount not to exceed $400,000 for a three-year contract; and
  2.      Geosphere Consultants, Inc. in an amount not to exceed $400,000 for a three-year contract.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,488–N.S. and Resolution No. 64,489-N.S.

18. Contract No. 7866 Amendment: Community Design and Architecture for Concept Plan for Downtown Berkeley BART Plaza (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 7866 with Community Design and Architecture Inc. (CD+A), increasing the amount by $149,719, from $60,000 to an amount not to exceed $209,719 for the period December 15, 2008 to December 31, 2010.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,490–N.S.

19. Grant Application: American Recovery and Reinvestment Act of 2009 (ARRA) Funding (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the filing of an application for federal American Recovery and Reinvestment Act of 2009 (ARRA) transportation funding and stating the assurance to complete the University Avenue Paving-Phase 3 Project.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,491–N.S.

20. Contract 6475 Amendment: City CarShare for Fleet Vehicle Program (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6475 with City CarShare for the continuation of the City Fleet Carsharing Program, including the AccessMobile and Plug-In Hybrid Electric Vehicle pilot programs, increasing the contract by $180,000, for a total amount not to exceed $618,000, and extending the contract period through December 31, 2011.
Financial Implications:  See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,492–N.S.

21. Contract: W.R. Forde Associates for Sanitary Sewer Project at Wildcat Canyon Road (pdf)
From: City Manager
Recommendation: Adopt a Resolution 1) approving plans and specifications for the Sanitary Sewer Project, 09-10399-C, located at Wildcat Canyon Road; 2) accepting the bid of W.R. Forde Associates; and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in an amount not to exceed $598,710.
Financial Implications:  Sanitary Sewer Fund - $598,710
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,493–N.S.

Council Consent Items

22. Official City Sponsorship of the East Bay Community Scholarship Fund School Supply Initiative (pdf) 
From: Councilmember Moore
Recommendation: Approve City sponsorship of the East Bay Community Scholarship Fund School Supply Initiative.
Financial Implications: None
Contact:  Darryl Moore, Councilmember, District 2, 981-712
Action:  Approved recommendation.

23. Calling for Release of Jesús Gutiérrez and Urging UC Berkeley to Adopt a Sanctuary Policy (pdf)
From: Councilmembers Arreguin and Anderson
Recommendation: Adopt a Resolution calling for the release of Jesús Gutiérrez and urging UC Berkeley to adopt a Sanctuary policy. Copies of this Resolution to be sent to the San Francisco ICE field office, the Secretary of Homeland Security, and our Congressional representatives, UC Berkeley Chancellor Robert Birgeneau and UC Police Chief Victoria Harrison.
Contact:  Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Moved to Action Calendar.  2 speakers.  M/S/C (Arreguin/Anderson) to adopt Resolution No. 64,494–N.S. as amended for certain clauses to read as follows:

WHEREAS, In January 2009, AFSCME Local 3299 won their contract campaign with the University, which included landmark protections for immigrant workers.  For example, the University would notify the union once it learns that a federal immigrant agent wishes to interrogate or search any employee on the University’s premises. 

WHEREAS, Responding to an identity theft criminal investigation from Southern California, in April 2009, the University of California Police Department (UCPD) investigated Jesus Gutierrez, culminating with his April 29th arrest on criminal charges of identity theft and false impersonation

WHEREAS, Gutierrez’s arrest appears to violate the spirit of their labor agreement with AFSCME and sends a message to all immigrants working for the University that they should not organize and assert their rights as workers or else they may face arrest and possible deportation.

Vote:  Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Worthington, Bates.  Abstain: Wengraf, Wozniak. 

24. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds To The Elmwood Merchants Association (pdf)
From: Councilmember Wozniak
Recommendation: Adopt a Resolution to approve the expenditure of $750 to the Elmwood Merchants Association with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget.
Financial Implications: Councilmember’s Discretionary Budget - $750
Contact:  Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Adopted Resolution No. 64,495–N.S.

25. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds To Berkeley Project (pdf)
From: Councilmember Wozniak
Recommendation: Adopt a Resolution to approve the expenditure of $1,000 to Berkeley Project with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget.
Financial Implications: Councilmember’s Discretionary Budget - $1,000
Contact:  Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Adopted Resolution No. 64,496–N.S.

26. Budget Referral: Berkeley Convention and Visitor’s Bureau (pdf) 
From: Councilmember Maio
Recommendation: Request that the City Council refer to the Fiscal Year 2010-2011 budget process renewal of $25,000 per year for Berkeley Convention and Visitor’s Bureau for grants to Berkeley-based independent filmmakers.  Funding will be matched with private sector dollars.
Financial Implications: General Fund- $25,000 annually.
Contact:  Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.

Action Calendar

Action Calendar – Public Hearing

27. Extension of Panoramic Hill Urgency Ordinance (pdf)
From: City Manager
Recommendation: Conduct public hearing and, upon its conclusion, adopt an Ordinance extending Ordinance 7,041-NS for 12 months (1 year) to June 15, 2010, a moratorium on the issuance of certain permits and the processing of zoning approvals in the Environmental Safety Residential (ES-R) zoning district.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.
Action: M/S/C (Maio/Wozniak) to adopt Urgency Ordinance No.7,092 –N.S.
Vote:  All Ayes

28. Budget Public Hearing #2 (pdf)
From: City Manager
Recommendation: Conduct public hearing.  Staff to respond from council recommendations from June 2, 2009.  State Budget update. 
Contact: Tracy Vesely, Budget Manager, 981-7000
Public Testimony: The Mayor opened the public hearing. 30 speakers.  M/S/C (Anderson/Capitelli) to close the public hearing.
Action: Referred the following to the budget process:

  1. Cost of youth employment (ages14-17) – Councilmember Moore
  2. Neighborhood Watch – Councilmember Worthington
  3. Hypertension Clinic - $100,000 – Mayor Bates
  4. Youth ArtWorks - $10,000 – Councilmember Anderson

M/S/C (Maio/Capitelli) to direct the City Manager to return with staff analysis for an increase in parking citations, increase in parking meter rates, expansion of parking meters, increase in Residential Preferred Parking (RPP) fees.

Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Bates. Abstain: Wozniak

Action Calendar - Old Business

29. Downtown Area Plan and Associated General Plan Amendments (pdf)
From: City Manager
Recommendation: Continue the Public Hearing and upon conclusion, provide direction to staff as to any modifications to the Planning Commission's recommended draft General Plan Amendments conforming the General Plan to the proposed Downtown Area Plan.  Council consideration of adoption on July 7.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Public Testimony: The Mayor continued the public hearing. 17 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Maio/Capitelli) to provide the following direction to staff as to any modifications to the Planning Commission’s recommended draft General Plan Amendments conforming the General Plan to the proposed Downtown Area Plan.

FRAMEWORK FOR PROCEEDING

  • Incorporate stronger language into the Planning Commission version along the lines that DAPAC suggested on several critical topics, some of which are identified below.

SUSTAINABILITY / GREEN BUILDING

  • Require all buildings in the Downtown incorporate energy prerequisites, and evaluate and establish an overall LEED gold performance rating or equivalent.
  • Develop a model affordable housing and green building project on the City owned Berkeley Way parking lot and assess how this site fits within an overall parking strategy, consistent with the general plan policy of maintaining the current number of public parking spaces in the downtown.
  • Compare the Planning Commission’s and DAPAC’s Green Building language and recommend ways to strengthen language while keeping the Commission’s detail and outline.
  • Establish the highest possible standards for architectural and green design and a process for achieving same such as design charettes and competitions.

LAND USE

  • Allow three 180-foot buildings – two of which could receive a 45-foot bonus for being a hotel IF it delivers significant public benefits as determined by a score card system (see attached). These buildings would only be allowed in the Core Area as defined by the Planning Commission.  This language replaces the two hotels at 225’ as proposed by both the Planning Commission and the DAPAC.
  • Allow four buildings at 120-feet (UC aside) which both DAPAC and Planning Commission recommended, in both the core and cross-hatched outer core areas, subject to studies of shadow impacts to avoid detriment to residential uses.  
  • All taller buildings over 120 feet should minimize street-level shadow, view, and wind impacts.  Building “stepbacks” are assumed in the EIR and will need to be incorporated into zoning.  In siting, space appropriately to avoid creating shaded and cavern-like streetscapes.
  • All new buildings in the Downtown area shall meet a minimum public benefits standard using a minimum scoring system, which shall be established by the City Council with advice from the Planning Commission.  Buildings of different heights will have different requirements.  (See attachment for possible examples)
  • Only two of the 180 or 120 foot buildings could be office buildings (UC aside). 
  • Do not include four 100 foot buildings.   
  • Do not allow buildings to be constructed that use only a façade to reach the minimum height limits. 
  • In the “South Park” area between Kittredge Street and Dwight Way on Shattuck Avenue, allow a maximum height of 85 feet but require a step back at 65 feet along the Shattuck frontage and adjacent residential areas.
  • The city should allow a mixed-use project on the Herrick site if Alta Bates Herrick has health services for the community in the adjacent downtown area.

SUSTAINABILITY / ACCESS

  • Establish an in-lieu parking fee as an alternative to building additional parking spaces.
  • Establish a Transportation Services Fee.
  • Review the provision in the Access chapter on new parking revenues to evaluate if its use for transit and Downtown improvements can be strengthened.
  • Make living Downtown as car-free as possible.
  • Improve public transit options and develop parking standards/capacity to support the continued growth of cultural uses in the downtown. 
  • New traffic calming measures should be considered on Milvia to avoid the high future traffic levels and make it more bicycle friendly. 

OPEN SPACE

  • Design Center Street into a pedestrian plaza closed to traffic except for drop-offs, delivery, and emergency services. 

HOUSING

  • Current housing policies apply, specifically the 20% set aside for inclusionary housing and the in-lieu fees for condominiums.
  • Examine new zoning that would allow ground floor live-work as a way to promote active uses outside of the Core area.

REVIEW PERIOD

  • The entire plan should be reviewed in 5 years. 

SCORE CARD ITEMS:  EXAMPLES OF BENEFITS

  • Affordable Housing
    • Deeper affordability     
    • Exceed 20% inclusionary requirement
  • Green Building Features/Amenities
  • On Site Energy Generation
  • Public Open Space
  • Streetscape improvements
  • Storm water run off capture
  • Economic contributions
  • Employment opportunities
    • ·      First Source
    • ·      Local hiring preferences
    • ·      Encourage Developers to hire local youth enrolled in state approved Joint Labor/Management Construction Apprenticeship Programs.
    • ·      Encourage developers to require the payment of Prevailing Wages for construction work and to also provide Health and Pensions Benefits
    • Project Labor Agreement
    • Prevailing wages
    • Apprenticeship opportunities with a labor/management jointly run program
    • Labor piece/check card recognition
  • Transit Demand Management Improvements
    • ·      Car Share Pods
    • ·      Accomodation for Electric Vehicles or plug in hybrids
    • ·      Bicycle facilities (lockers and/or showers)
    • ·      Bike Share Kiosks
  • ·      Free transit pass to all residents and/or employees.
  • Workforce Housing
  • Hotel employee protections

Vote: Ayes: Maio, Moore, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin, Worthington.  Abstain: Anderson.

Action: M/S/C (Worthington/Capitelli) to amend the Planning Commission’s version of the Downtown Area Plan, section HC-11, policy HC – 5.4 – b to read as follows:

Determine programmatic objectives for future services and locations in and near Downtown where they might be accommodated.  Seek funding to modernize Veteran’s and social service facilities, including if consistent with future programmatic objectives, funding to seismically retrofit and modernize the Veteran’s Building.

Vote: All Ayes

Extended meeting to 11:15 p.m.

Action Calendar – New Business

30.   Budget Update/Council Comments/ Fiscal Year 2010 Tax Rates

a. FY 2010 Tax Rate: Emergency Services for the Severely Disabled (pdf)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for the provision of emergency services for the disabled at $0.01142 (1.142 cents) per square foot of improvements.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,093–N.S. setting the FY 2010 tax rate for the provision of emergency services for the disabled at $0.01142 (1.142 cents) per square foot of improvements.   Second reading scheduled for June 23, 2009.

b. FY 2010 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping (pdf)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2010 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1118 (11.18 cents) per square foot.
Financial Implications:  See report
Contact: Robert Hicks, Finance, 981-7300

Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No. 7,094–N.S. setting the FY 2010 tax rate for funding all improvements for the maintenance of parks, City Trees, and landscaping in the City of Berkeley.  Second reading scheduled for June 23, 2009.

c. FY 2010 Tax Rate: Fund the Provision of Emergency Medical Services (pdf)
From: City Manager
Recommendation:  Adopt first reading of an Ordinance setting a special tax rate of $0.02979 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300

Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No.7,095 –N.S. setting a special tax rate of $0.02979 per square foot of improvements to fund the provision of emergency medical services to Berkeley residents.   Second reading scheduled for June 23, 2009.

31. Ed Roberts Campus – Disbursement of HUD Section 108 Loan and BEDI Grant (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the disbursement of the U.S. Department of Housing and Urban Development Section 108 Loan Guarantee Assistance (Section 108 loan) and the Brownfields Economic Development Initiative Grant (BEDI grant) for the Ed Roberts Campus and authorizing the City Manager or his designee to execute the necessary loan documents with the U.S. Department of Housing and Urban Development (HUD) for the Section 108 loan and the BEDI grant.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

Action: Moved to Consent Calendar.  Adopted Resolution No. 64,497–N.S. authorizing the disbursement of the U.S. Department of Housing and Urban Development Section 108 Loan Guarantee assistance (Section 108 loan) and the Brownfields Economic Development Initiative Grant (BEDI grant) for the Ed Roberts Campus and authorizing the City Manager or his designee to execute the necessary loan documents with the U.S. Department of Housing and Urban Development (HUD) for the Section 108 loan and the BEDI grant.

32. Wireless Telecommunication Facilities: Direction on Next Steps (pdf) 
From: City Manager
Recommendation: Provide direction on the timing, process, and funding for preparation of a wireless Telecommunications Master Plan.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Action: Continued to June 23, 2009.

Information Report

33. LPC-NOD: 2943-57 College Avenue and 2395 Piedmont Avenue (pdf)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Received and filed.

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

Adjourned at 11:11 p.m. in honor of Homer Lee and Peggy Stinnett.

Communications

Item 28: Budget Public Hearing #2 
1.      Carol Patterson, on behalf of the Mental Health Commission

1760 Solano Avenue Cell Phone Towers – Referred to the City Manager by Councilmember Capitelli.
2.      Matt Seuferer

Sweatfree Ordinance
3.      Miriam Lara-Meloy

  • Twenty-three (23) “in support of” form letters (On file and available for viewing in City Clerk’s Office)

Supplemental Communications and Reports 1

Item 27: Extension of Panoramic Hill Urgency Ordinance
4.  Michael Kelly, on behalf of the Panoramic Hill Association

Item 28: Budget Public Hearing #2
5 Robert Cabrera
6.  Marie Bowman, on behalf of BANA and BASTA!

Item 29: Downtown Area Plan and Associated General Plan Amendments
7.  Dan Marks, Planning & Development
8.  Will Travis
9.  Erin Rhoades
10.  Kristin Miller
11.  Mark McLeod, on behalf of the Downtown Berkeley Association

Supplemental Communications and Reports 2

Item 28: Budget Public Hearing #2
12.  Kim Nemirow

Item 29: Downtown Area Plan and Associated General Plan Amendments

  • Presentation, submitted by Planning & Development (see agenda item)

13.  Tom Bates, Mayor
14.  Linda Maio, District 1
15.  Nischit Hegde, on behalf of UNITEHERE! Local 2850