Regular Meeting Annotated Agenda
March 23, 2010

Printer-friendly PDF* annotated agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

~~~~~~~~~~~~~~~~~~~~~

ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 23, 2010

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak


Preliminary Matters

Roll Call: 7:26 p.m.  Councilmembers Arreguin and Capitelli present at 7:28 p.m.

Ceremonial Matters: 

  1. National Library Week
  2. Food Donation Project
  3. Holocaust Remembrance
  4. Cesar Chavez
  5. Joseph Charles – Berkeley Waving Man

City Manager Comments: 

  1. Census 2010
  2. Budget Balancing Matrix distributed to Council.

Public Comment on Non-Agenda Matters: 5 speakers.


Public Comment on Consent Calendar and Information Items Only: 4 speakers.

Consent Calendar

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

From: Planning Commission
Recommendation: Adopt second reading of Ordinance No. 7,129-N.S. allowing for:

•     An exception to Section 6.16.020 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 6.16.020, 23D.16.030, 23D.20.030, 23D.28.030, 23D.32.030, 23D.36.030, 23D.40.030, 23D.44.030, 23E.36.030, 23E.40.030, 23E.44.030, 23E.48.030, 23E.52.030, 23E.56.030, 23E.60.030, 23E.64.030, 23E.68.030
First Reading Vote: Ayes: Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin, Worthington.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400
Action: Adopted second reading of Ordinance No. 7,129–N.S.

2. Zoning Amendments Allowing On-Site Beer and Wine Service in Restaurants (PDF)
From: Planning Commission
Recommendation: Adopt second reading of Ordinance No. 7,130–N.S. to amend BMC 23E.68.030 and BMC 23E.16.040.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.16.040.A, not an Administrative Use Permit.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400
Action: Adopted second reading of Ordinance No. 7,130–N.S.
 
3. Amending Chapter 19.28.060 of the Berkeley Municipal Code to Exempt Cooking Devices from the Ordinance (PDF)
From: Community Environmental Advisory Commission
Recommendation: Adopt second reading of Ordinance No. 7,131–N.S. amending section 19.28.060, exempting wood burning cooking devices from the ordinance controls.
First Reading Vote: All Ayes. 
Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400
Action: Adopted second reading of Ordinance No. 7,131–N.S.

4. Proposed Revisions to Claim/Refund Ordinance, BMC Section 7.20.020 (PDF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 7.20.020 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, 981-6950
Action:  Adopted first reading of Ordinance No. 7,132–N.S.  Second reading scheduled for April 20, 2010.

5. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the 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, 981-6900
Action:  Approved minutes as submitted.

6. Citywide Armored Transport Services for Various City Locations and Facilities (PDF)
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, 981-7300
Action:  Adopted Resolution No. 64,804–N.S.

7. Emergency Standby Officers for the Mayor and Councilmembers and Designated Line of Succession for the Director of Emergency Services (PDF)
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, 981-3473
Action:  Adopted Resolution No. 64,805–N.S. revised to add Henk Boverhuis as Standby Officer 3 for Councilmember Wengraf and Resolution No. 64,806–N.S.

8. Funding Applications for Aging Services Programs (PDF)
From: City Manager
Recommendation: Adopt a Resolution: 1) 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, and if funded 2) authorizing the City Manager or his designee to accept the funds and execute any related contracts and amendments.  Grants to be effective July 1, 2010 – 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, 981-5400
Action:  Adopted Resolution No. 64,807–N.S.

9. Shelter Plus Care Program Renewal Grants (PDF) 
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, 981-5400
Action:  Adopted Resolution No. 64,808–N.S.

10. Shelter Plus Care Contract with the County of Alameda (PDF)
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, 2010.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,809–N.S.

11. Correction of Salary Range of Vector Control Technician Classification (PDF)
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, 2012.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,810–N.S

12. Contract: Rising Sun Energy Center Energy Services Program (PDF)
From: City Manager
Recommendation: Adopt a Resolution 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, 2012.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:  Adopted Resolution No. 64,811–N.S.

13. Schedule for Downtown Area Plan (DAP) Revisions (PDF)
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, 981-7400
Action: Approved recommendation.

14. Purchase Orders: Downtown Ford for Vehicle Purchases in FY 2010 (PDF)
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 2010.
Financial Implications: Equipment Replacement Fund - $300,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,812–N.S.

15. Grant Application: Bicycle Plan Update - Caltrans Community-Based Transportation Planning (PDF)
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, 981-6300
Action:  Adopted Resolution No. 64,813–N.S.

16. Purchase Orders: Wilson Way Tire Company for Automobile and Truck Tires for FY 2010 through FY 2015 (PDF)
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 2015.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,814–N.S.

17. Contract No. 8153 Amendment: Comtech Communications for a Fire Station Alerting System (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 8153 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, 981-6300
Action:  Adopted Resolution No. 64,815–N.S.

18. Contract: D’Arcy & Harty Construction, Inc. for Sanitary Sewer Rehabilitation Project for Sacramento Street from University Avenue to Dwight Way (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1    Approving the plans and specifications for the Sanitary Sewer Project, 10-10514-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 $300,000 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, 981-6300
Action:  Adopted Resolution No. 64,816–N.S.

19. Contract: Harty Pipelines, Inc. for Sanitary Sewer Rehabilitation Project Phase 1 for Sacramento Street from Dwight Way to Ashby Avenue (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

1    Approving the plans and specifications for the Sanitary Sewer Project, 10-10515-C, located on Sacramento Street from Dwight Way to Ashby Avenue.

2    Accepting the bid of the lowest responsive responsible bidder, Harty Pipelines, 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 $1,080,000 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, 981-6300
Action:  Adopted Resolution No. 64,817–N.S.

20. Purchase Order: Pape Machinery for a Single Waste Handler Wheel Loader (PDF)
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, 981-6300
Action:  Adopted Resolution No. 64,818–N.S.

21. Grant Application: Jobs for Main Street Act of 2010 Funding (PDF)
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, 981-6300
Action:  Adopted Resolution No. 64,819–N.S.


Council Consent Items

22. Co-Sponsor the Center Street Art Walk (PDF)
From: Mayor Bates and Councilmember Arreguin
Recommendation:

1    Co-sponsorship of 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.

2    Allowing use of the City logo on event materials

3    Payment of event fees not to exceed $2,000 from the FY 2010 Street Events and Festivals budget. 
Financial Implications: $2,000
Contact: Tom Bates, Mayor, 981-7100
Action: Approved recommendation.

23. Oakland's Gang Injunction's Effect on Berkeley (PDF)
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, 981-7120
Action: Approved recommendation.
 
24. Support of H.R.4687, the Low-Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010 (PDF)
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, 981-7120
Action:  Adopted Resolution No. 64,820–N.S.

25. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to Berkeley Congregations Organizing for Action (PDF)
From: Councilmember Arreguin and Mayor Bates
Recommendation: Adopt a Resolution approving the expenditure of $ 1,100 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 ($1,000) and Mayor Bates discretionary Council Office Budget ($100)
Financial Implications: Discretionary Fund - $1,100
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 64,821–N.S. revised to include a $100 relinquishment from Councilmembers Moore and Wengraf’s discretionary Council Office Budgets.

26. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Downtown Berkeley Association (PDF) 
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: Discretionary Fund - $1,000
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
Action:  Adopted Resolution No. 64,822–N.S.

27. Support of Senate Bill 1304: The Michelle Maykin Memorial Donation Protection Act (PDF)
Revised Agenda Material (PDF)
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, 981-7140
Action:  Adopted Resolution No. 64,823–N.S. revised to read as follows:

“…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…

28. Charging of Electric Vehicles in the Public Right of Way (PDF)
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, 981-7150
Action: Approved recommendation.

29. Proclamation of the 8th Annual Holocaust Remembrance Day Event (PDF) 
From: Councilmembers Worthington, Arreguin and Wengraf
Recommendation: Adopt a Holocaust Remembrance Day proclamation for the 8th Annual Holocaust Remembrance Day event.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action: Approved recommendation.

30. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Holocaust Remembrance Day Event (PDF)
Revised Agenda Material (PDF)
From: Councilmembers Worthington, Arreguin and Wengraf
Recommendation:
Adopt a Resolution approving 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 Worthington, Councilmember Arreguin and Councilmember Wengraf’s discretionary Council Office Budgets.
Financial Implications: Discretionary Fund - $1,007
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,824–N.S. revised to add the following:

“…WHEREAS, a California non-profit tax exempt corporation Jewish Community Center seeks funds in the amount of $200 to provide the following public services of light refreshments for the event; and….”

31. Support Proclamation Declaring April 24, 2010 Armenian Genocide Commemoration Day in Berkeley (PDF)
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, 981-7170
Action:  Approved proclamation.

32. Send a Letter Supporting the Overdose Treatment Act (AB 2145) (PDF)
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, 981-7170
Action: Approved recommendation.

33. Send a Letter to President Obama Supporting Leadership for ratification of CEDAW (Convention for the Elimination of Discrimination Against Women) (PDF)
From: Councilmembers Worthington, Maio and Wengraf
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, 981-7170
Action: Approved recommendation.

34. Urging UC Regents to Adopt the UC Dream Scholarship Proposal for Undocumented Students (PDF)
From: Councilmembers Worthington and Arreguin
Recommendation: Adopt a Resolution urging the UC Regents to pass the UC Dream Scholarship proposal for Undocumented Students.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,825–N.S.

35. City Manager Referral: Web-based Mail Preference Registry (PDF)
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 2010.
Financial Implications: Staff time
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action: Approved recommendation.

Action Calendar – Public Hearing
 
36. 3095 Telegraph Avenue (PDF)
Administrative Record (PDF) 
From: City Manager
Recommendation: Conduct a public hearing and either:

1    Adopt a Resolution approving an Administrative Use Permit (AUP) #09-20000161to 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, 981-7400

b.  Communications

  1. Michiko Ishikawa
  2. Jason Meggs
  3. Patricia Mayeda
  4. Linda Foy
  5. Amy Kaufman and Harry Saddler
  6. Marcy McGaugh
  7. Vincent Abeyta
  8. Ron Heglin
  9. Mary Skinner and Judith Moore
  10. Henry Sobel
  11. Mausmi Mehta, Ph.D and Paul Deeds
  12. Myah Evers
  13. Mahnee Titus

Public Testimony: The Mayor opened the public hearing. 23 speakers. 

Action: M/S/C (Worthington/Arreguin) to allow 5 minutes speaking time for opponents of the project.

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

M/S/C (Moore/Capitelli) continue the public hearing to April 20, 2010 at 5:30 p.m.

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


Action Calendar – Old Business

37. Reallocate the Housing Trust Fund Reservation for 1200 Ashby Ave (Continued from March 9, 2010) (PDF)
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, 981-7120
 

1)   Direct the City Manager to continue to work with the developer of Ashby Arts to assess the feasibility of the project as part of the current Housing Trust Fund (HTF) allocation process, along with ten other applications.

2)   Waive the HTF Guidelines to allow Housing staff to consider both the Ashby Arts and Strawberry Creek Lodge projects for funding as a formal part of the current HTF round.

3)   If the Council desires to maintain the Prince Hall Arms site as affordable housing, direct the City Manager to delay the foreclosure action for six months to allow staff to investigate development alternatives.
Financial Implications: See report
Contact: Jane Micallef, Housing and Community Services, 981-5400

c. Transmittal of Housing Advisory Commission Communication (PDF)
From: Housing Advisory Commission
Contact: Kristen Lee, Commission Secretary, 981-5400
Action: 16 speakers. M/S/C (Moore/Capitelli) to
  1. Waive the Housing Trust Fund (HTF) Guidelines in order to reallocate a HTF fund reservation for the Ashby Arts project in the amount of $1,381,450 through June 30, 2010.  The reservation will come from the proceeds of the sale of 2240 Ninth Street and an estimated $1,200,000 from the future commitment of FY 2010-11 HOME funds.  The fund reservation is contingent upon CityCentric partnering with a non-profit developer and the City Manager’s approval of the financing package, to include the following:

   2.   Delay the foreclosure of the Prince Hall Arms site until October 31, 2010.

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

Action: M/S/C (Worthington/Moore) to suspend the Council rules of procedure and extend the meeting to 12:00 a.m.


Action Calendar – New Business

38. Presentation and Discussion: Berkeley Rapid Transit Locally Preferred Alternative (PDF)
Presentation (PDF) 
From: City Manager
Recommendation: Presentation and discussion regarding the possibility of forwarding a build alternative to AC Transit for study in its Final Environmental Impact Study/Report (FEIS/R).
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: M/S/C (Worthington/Moore) to suspend the Council rules of procedure and extend the meeting to 12:30 a.m. to hear public testimony.   Presentation moved to April 20, 2010 at 8:00 p.m.

Action Calendar – Council Items

39. Support of the Universal Periodic Review to the United Nations (PDF)
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, 981-7130
Action: Moved to Consent Calendar.  Adopted Resolution No. 64,826–N.S. in support of the universal periodic review to the United Nations from the City of Berkeley.  Future reports are to be included in submissions to the Council for review and approval.

40. Support of Walter Hood's Proposed Conceptual Design for a Strawberry Creek Plaza on Center Street between Oxford Street and Shattuck Avenue (PDF) 
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, 981-7140

Action: M/S/C (Maio/Arreguin ) to endorse the proposed Hood conceptual plan for Center Street and request staff to work with stakeholders to seek funding for further design development and cost estimation for the Center Street Plaza, including project phasing and engineering that would allow for a pedestrian plaza. 

Engineering studies must be completed regarding the feasibility of the Hood proposal. 

Consideration from the Streets and Open Space Improvement Plan of Center Street Plaza as one of its highest priorities, and consider the HOOD proposal the plan for Center Street, and consider how the Hood plan can be phased so that pedestrian improvements can be undertaken in the near-term, ultimately leading to the Hood design. 

Direct the City Manager to cooperate with EcoCity Builders, Citizens for a Strawberry Creek Plaza, adjacent property and business owners and the Downtown Business Association, in seeking funding and undertaking further design development in phasing for the Hood project.

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


Information Reports

41. Status Report: Transfer Station Receipts Audit (PDF)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.
 
42. Settlement of Litigation: Pacific Steel Casting v. Bay Area Air Quality Management District (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
Action:  Received and filed.

43. Soft Story Enforcement and Tenant Notification (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 speakers.

Adjournment:  12:21 p.m. in honor of Professor Charles Muscatine and Health Care Reform.

Communications

Item 38: Presentation and Discussion: Berkeley Rapid Transit Locally Preferred Alternative
1.    Steven Keller
2.    Dave Campbell, on behalf of the Bicycle-Friendly Berkeley Coalition
3.    Alan Tobey
4.    Marvin Frazier
5.    Emily Marthinsen, on behalf of the University of California, Berkeley
6.    Nancy Skowbo, on behalf of AC Transit
7.    Letters of Support (13 form letters on file in the City Clerk Office)

Item 40: Support of Walter Hood's Proposed Conceptual Design for a Strawberry Creek Plaza on Center Street between Oxford Street and Shattuck Avenue
8.    Alfredclinkscalesjr@***.com
9.    Kirstin Miller
10. Scott Fossel

Parker Place / GreenTRIP Certification
11. Anna Cheng

Green Metropolis Review
12. Patrick Kennedy

CALPIRG Press Conference
13. Caitlin Catalano

Corporations & Democracy
14. Jane Stillwater (2)
15. Tammy Pilisuk

Plastic Bag Ordinance
16. Eric Broder

Supplemental Communications and Reports 1

Item 36: 3095 Telegraph Avenue
17. Mahershalalhashbaz Ali (3)
18. Sam Sorokin
19. Molly Malone
20. Steve Schwartz

Item 37a: Reallocate the Housing Trust Fund Reservation for 1200 Ashby Ave
21. Stephen Wollmer

Item 37b: 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
22. Eva Liebermann
23. Michael Katz, on behalf of the Rapid Bus Plus Coalition
24. Joseph Stubbs
25. Paul Vojta
26. Anna Field
27. Kris Eggen
28. Kent Lewandowski
29. Courtney Miller
30. Janet Arnold
31. Gale Garcia

Item 40: Support of Walter Hood's Proposed Conceptual Design for a Strawberry Creek Plaza on Center Street between Oxford Street and Shattuck Avenue
32. Alan Gould (2)
33. Kent Lewandowski, on behalf of the Sierra Club Northern Alameda County Group
34. Bill Mastin and Susan Felter
35. Kirsten Miller, on behalf of Ecocity Builders and Citizens for a Strawberry Creek Plaza
36. Nancy Carleton

Supplemental Communications and Reports 2

Item 27: Support of Senate Bill 1304: The Michelle Maykin Memorial Donation Protection Act

  • Revised materials, submitted by Jesse Arreguin, District 4 (see agenda item)

Item 30: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds to the Holocaust Remembrance Day Event

Item 36: 3095 Telegraph Avenue
37. Julie Shearer
38. Steve Schwartz

Item 37a: Reallocate the Housing Trust Fund Reservation for 1200 Ashby Ave
39. CityCentric (2)

Item 37b: 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
40. Amie Fishman, on behalf of East Bay Housing Organizations (EBHO)

Item 38: Presentation and Discussion: Berkeley Rapid Transit Locally Preferred Alternative

41. Doug Buckwald
42. ULTRA (Urbanists for a Livable Temescal Rockridge Area)
43. Unknown

Item 39: Support of the Universal Periodic Review to the United Nations
44. Peace & Justice Commission

Item 40: Support of Walter Hood's Proposed Conceptual Design for a Strawberry Creek Plaza on Center Street between Oxford Street and Shattuck Avenue
45. Unknown

Misc. Communications

Documentary Film
46. Unknown

National Library Week
47. Unknown