berkeley city council agenda committee regular … · 28/04/2008 · • addition of time critical...

BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING

MONDAY, APRIL 28, 2008 2:30 P.M.

6th Floor Conference Room, 2180 Milvia Street

Teleconference Location – 1636 Channing Way, Berkeley, CA Committee Members:

Mayor Bates and Councilmembers Max Anderson and Gordon Wozniak

AGENDA

1. Roll Call

2. Public Comment

3. Approval of Minutes: April 14, 2008

4. Review and Action of draft agendas for May 6, 2008: a. 5:00 p.m. Special City Council Worksession b. 7:00 p.m. Regular City Council Meeting

5. Upcoming Council Items: a. Upcoming Council Workshops and Standing Agenda Items b. Items Referred to Agenda Committee for Future or Possible Scheduling:

(1) City Bench Donation Policy (2) Alcohol Fee and Program Ordinance – Possibility of May 6, 2008 (3) Workshop status: Medical Marijuana - Possibility of July 15, 2008 workshop (4) Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street (5) Supporting the People of Haiti (6) Sunshine Ordinance – Worksession - October 7, 2008 (7) Police Review Commission Recommendation – Evidence Theft Report –

June 24, 2008 (8) Summary of Activities for 2007 and Work Plan for 2008 – Fair Campaign

Practices Commission

6. Land Use Calendar – accept and file

7. Adjournment – next meeting May 12, 2008

Additional items may be added to the draft agenda per Council Rules of Procedure.

Revised 1/07

Rules of Procedure Resolution No. 63,690-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. If the Agenda Committee finds that the matter does not meet the definition of Time Critical and the sponsor does not wish to hold the report for the next Council meeting, the City Clerk shall place the item on the Action Calendar under the Time Critical section.

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 54953, Teleconferencing. Any member of the public may attend this meeting at either the Council Chambers or at the teleconference location. Questions regarding this matter may be addressed to Deanna Despain, Deputy City Clerk, 981-6900. 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 981-6346(V) or 981-7075 (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 April 24, 2008

Deanna Despain, Deputy City Clerk

BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING MINUTES

MONDAY, APRIL 14, 2008 2:30 P.M.

6th Floor Conference Room, 2180 Milvia Street Teleconference Location – 1636 Channing Way, Berkeley, CA

Committee Members: Mayor Bates and Councilmembers Linda Maio and Gordon Wozniak

1. Roll Call 2. Public Comment - 6 3. Approval of Minutes: March 17, 2008 4. Review and Action of draft agendas for April 22, 2008:

a. 5:00 p.m. Special City Council Worksession as amended to revise the title of Item 2 to Environmental Issues Update – Solar Financing Program and Climate Action Plan. b. 7:00 p.m. Regular City Council Meeting as amended including:

• Item 18 – Park Bench Donation Policy – Removed from Agenda • Item 34 May is Mental Health Month – Moved to May 6,2008 meeting. • Item 36, Hours of Operation at Pay and Display Parking Meters – revised report submitted • Item 37, Establishing a City Service Animal Ordinance – revised recommendation to read as follows:

Refer to the City Manager and Disability Commission the development of a program and ordinance which will educate and inform businesses about access rights for disabled individuals and the legal requirements under the Americans with Disabilities Act (ADA) regarding the use of service animals. An effort similar to our non-smoking program might be a useful vehicle.

• Item 38, Revision of Peace and Justice Commission Recommendation: Supporting the People of Haiti – Moved to May 6, 2008.

• Item 39: Revised Light Brown Apple Moth Resolution – Moved to Action Calendar. • Item 42, Notice of Public Parking Availability in the Downtown – Moved to May 6, 2008. • Item 44, Support of HR 2831, Lilly Ledbetter Fair Pay Act of 2007 – Moved to Action Calendar. • Item 46, Sponsorship of 6th Annual Holocaust Remembrance Day – Revised report submitted. • Item 47, Opposition to Initiative 1326, Runner Initiative – Moved to Action Calendar. • Item 56, Enforcement of BMC, Chapter 13.28 – Military Recruiting office – Removed from Agenda. • Item 58, Audit, Marina Cash Handling Controls – Removed from Agenda. • Item 59, Audit: Nature Center Surprise Cash Count – Removed from Agenda. • Addition of Time Critical Item from Councilmember Anderson – Support Petition for Review Pertaining

to Patient – Health Plan Disputes • Addition of Time Critical Item from Councilmember Worthington – Sponsorship of Annual Celebration of

Berkeley Contentious Objectors and War Resisters Day • A decision was made by the Agenda Committee to not add a report regarding Proposition 98/Density

Bonus report at this time, no item was brought forth to the Agenda Committee for review.

5. Upcoming Council Items: a. Upcoming Council Workshops and Standing Agenda Items b. Items Referred to Agenda Committee for Future or Possible Scheduling:

(1) City Bench Donation Policy (2) Alcohol Fee and Program Ordinance – Possibility of May 6, 2008 (3) Workshop status: Medical Marijuana - Possibility of July 15, 2008 workshop (4) Nuisance Abatement Against Pacific Steel Casting, 1333 Second Street (5) Supporting the People of Haiti (6) Police Review Commission Recommendation – Evidence Theft Report –

June 24, 2008

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Revised 1/07

6. Land Use Calendar – accept and file 7. Adjournment – 3:06 p.m.

Deanna Despain, Deputy City Clerk

Tuesday, May 06, 2008 DRAFT AGENDA Page 1

D R A F T P R O C L A M A T I O N C A L L I N G A S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special

session as follows:

TUESDAY, MAY 06, 2008 5:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way Teleconference Location – 1636 Channing Way, Berkeley, CA

Roll Call

Public Comment – Items on this agenda only Worksession:

1. FY 2009 Mid-Biennial Budget Update From: City Manager Contact: Tracy Vesely, Budget Manager, 981-7000

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 1 day of May, 2008.

Tom Bates , Mayor

Public Notice – this Proclamation serves as the official agenda for this meeting. ATTEST:

Date: May 1, 2008 Deanna Despain, City Clerk

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Tuesday, May 06, 2008 DRAFT AGENDA Page 2

TOM BATES, MAYOR Councilmembers:

DISTRICT 1 – LINDA MAIO DISTRICT 5 – LAURIE CAPITELLI DISTRICT 2 – DARRYL MOORE DISTRICT 6 – BETTY OLDS DISTRICT 3 – MAX ANDERSON DISTRICT 7 – KRISS WORTHINGTON DISTRICT 4 – DONA SPRING DISTRICT 8 – GORDON WOZNIAK

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. 1094.6(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 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3. Archived indexed video streams are available at http://www.ci.berkeley.ca.us/citycouncil. Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil and may be read at reference desks at the following locations:

City Clerk Department Libraries: 2180 Milvia Street Main - 2090 Kittredge Street Tel: 510-981-6900 Claremont Branch – 2940 Benvenue TDD: 510-981-6903 West Branch – 1125 University Fax: 510-981-6901 North Branch – 1170 The Alameda Email: [email protected] 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 981-6346(V) or 981-7075 (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 May 6, 2008 DRAFT AGENDA Page 1

D R A F T A G E N D A

BERKELEY CITY COUNCIL MEETING

TUESDAY MAY 6, 2008 7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way Teleconference Location – 1636 Channing Way, Berkeley, CA

TOM BATES, MAYOR Councilmembers:

DISTRICT 1 – LINDA MAIO DISTRICT 5 – LAURIE CAPITELLI DISTRICT 2 – DARRYL MOORE DISTRICT 6 – BETTY OLDS DISTRICT 3 – MAX ANDERSON DISTRICT 7 – KRISS WORTHINGTON DISTRICT 4 – DONA SPRING 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, Deputy City Clerk, 981-6900

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..

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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. Check for 2nd Reading of Ordinances. Add them here.

2. Updated Commissioners’ Manual From: City Manager Recommendation: Adopt a Resolution rescinding Resolution No. 62,418-N.S. and adopting the updated edition of the Commissioners Manual to include new requirements and clarifying current regulations regarding membership and the conduct of meetings. Financial Implications: None Contact: Deanna Despain, Deputy City Clerk, 981-6900

3. Gaia Arts Center: Rescinding Resolution No. 63,531-N.S. From: City Manager Recommendation: Adopt the attached resolution Rescinding Resolution No. 63,531-N.S., communicating certain matters to the Zoning Adjustments Board consistent with April 25, 2006, decision, and referring revocation proceedings back to Zoning Adjustments Board for appropriate action. Financial Implications: None Contact: Zach Cowan, City Attorney, 981-6950

Consent Calendar


4. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days From: City Manager Recommendation: Approve the request for proposals (RFP) that will be, or is planned to be, issued upon final approval by the requesting department or division. Financial Implications: Various funds - $603,000 Contact: Robert Hicks, Finance, 981-7300

5. Revenue Agreement: Mental Health Services Act From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to accept funds from the California Department of Mental Health and execute an amendment to the initial Mental Health Services Act Agreement to increase the amount by $5,523,662 for a total amount of $8,033,900; authorizing the City Manager or his designee to execute a Mental Health Services Housing Program Assignment Agreement with the California Department of Mental Health; and authorizing the implementation of projects and appropriation of funding for related expenses, subject to receiving the grants. Financial Implications: CDMH Revenue - $2,814,391 Contact: Fred Medrano, Health and Human Services, 981-5100

6. 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 three Shelter Plus Care grants: one for the amount of $1,936,656 for tenant-based rental assistance for the period May 24, 2008 through May 23, 2009; the second for the amount of $116,244 for sponsor-based rental assistance for the Pathways Project for the period June 1, 2008 through May 31, 2009, with Bonita House, Inc. as the project sponsor; and the third for the amount of $119,628 for the sponsor-based rental assistance for the Supportive Housing Network for the period of June 1, 2008 through May 31, 2009, with Resources for Community Development as the project sponsor. Financial Implications: See report. Contact: Jane Micallef, Housing, 981-5400

7. Grant: Measure B Revenue From: City Manager Recommendation: Adopt a Resolution approving the 12-month Measure B Program Plan for paratransit services and authorizing the City Manager to transmit the plan and 12-month claim in the amount of $188,100 for Measure B annual pass-through funds for use during FY 2009 to the Alameda County Transportation Improvement Authority (ACTIA) and to deposit the grant revenue. Financial Implications: See report Contact: Jane Micallef, Housing, 981-5400

Consent Calendar


8. Classification: Health Educator From: City Manager Recommendation: Adopt a Resolution to amend Resolution No. 61,805-N.S., Classification and Salary Resolution for Service Employees International Union (SEIU) Local 1021 (Legacy 535), to revise the classification of Health Educator and increase the salary range to $5,578 - $6,502 effective May 18, 2008. Financial Implications: Various funds - $3,355 for FY 2008, $26,844 for FY 2009 Contact: David Hodgkins, Human Resources, 981-6800

9. Contract No. 5089F Amendment: AMS.NET - Computer Networking From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 5089F with AMS.NET for computer network equipment and installation services, increasing the amount by $120,000 for a total contract amount not to exceed $769,000 and extending the term to June 30, 2010. Financial Implications: General Fund - $120,000 Contact: Donna LaSala, Information Technology, 981-6500

10. Contract: Principal Decision Systems Incorporated (PDSI) - Fire Department Telestaff System From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Principal Decision Systems Incorporated (PDSI) for Telestaff system hardware, software, training, and maintenance fees not to exceed $70,000 for the period May 1, 2008 through June 30, 2011. Financial Implications: General Fund - $70,000 Contact: Donna LaSala, Information Technology, 981-6500

11. Contract: Lamphier-Gregory for Downtown Area Plan EIR Phase 2 From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to a contract with Lamphier-Gregory to prepare Phase 2 of an Environmental Impact Report for the Downtown Area Plan for the approximate period of May 2008 through May 2009 in an amount of $186,500, for a total contract amount not to exceed $500,000. Financial Implications: See report Contact: Dan Marks, Planning and Development, 981-7400

12. Purchase Orders: Zumar Industries, Inc. for Traffic Signs From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders with Zumar Industries, Inc., fabricator and supplier of materials for traffic signs, for a total amount not to exceed $350,000 for the period July 1, 2007 through May 31, 2009. Financial Implications: Various Funds - 313,500 Contact: Claudette Ford, Public Works, 981-6300

Consent Calendar


13. Declaration of Intent: FY 2009 Street Lighting Assessment From: City Manager Recommendation: Adopt a Resolution to: 1) Approve the Engineer's Report, Street Lighting Assessment District 1982-1,

dated April 2008; 2) Set a public hearing to be held before Council at its May 20, 2008 Council

Meeting; and 3) Authorize the City Clerk to publish the notice of the public hearing for FY 2009

levy of assessments of Street Lighting Assessment District No. 1982-1. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

14. Contract: Shah Kawasaki Architects for Architectural Services for Fire Department Warehouse From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Shah Kawasaki Architects to provide architectural services for the Fire Department warehouse located at 1011 Folger Avenue, for an amount not to exceed $70,000for all services and reimbursable expenses for the period May 1, 2008 through December 31, 2009. Financial Implications: Measure Q Funds - $70,000 Contact: Claudette Ford, Public Works, 981-6300

15. Contract Amendments: On-Call General Surveying Services From: City Manager Recommendation: Adopt a Resolution authorizing the City Manager to execute amendments to the contracts with BKF Engineers, Sandis Civil Engineers Surveyors Planners, and Logan Surveying, Inc. for on-call general surveying services, increasing the amounts by $100,000, for total amounts not to exceed $350,000 for BKF and Sandis and $600,000 for Logan. Financial Implications: See report. Contact: Claudette Ford, Public Works, 981-6300

16. May Is Mental Health Month From: Mental Health Commission Recommendation: Adopt a Resolution proclaiming May 2008 as Mental Health Month in the City of Berkeley. Financial Implications: None Contact: Carol Patterson Commission Secretary, 981-5100

17. Appointments to Mental Health Commission From: Mental Health Commission Recommendation: Approve the appointments of Morton Felix and Kim Nemirow to the Mental Health Commission, as representatives of the General Public Interest Category, for three-year terms beginning May 6, 2008 and ending May 5, 2011. Financial Implications: None Contact: Carol Patterson Commission Secretary, 981-5100

Council Consent Items


18. Revision of Peace and Justice Commission Recommendation: Supporting the People of Haiti From: Councilmember Maio Recommendation 1) Call on all authorities in Haiti, the United Nations Stabilization Mission in Haiti, the United States, Canada, France, and Brazil, Nepal, and Jordan (those countries who have the largest number of troops assigned) who consider themselves the friends of Haiti, to work for rapid implementation of the following:

a) Release of all political prisoners, b) Guaranteed freedom of speech and assembly, c) The safe return of Human Rights Activist Lovinsky Pierre-Antoine, d) A thorough investigation of all allegations of United Nations troop raids in

Cite Soleil and elsewhere regarding perpetration of violent attacks, rapes and sexual exploitation, and where misconduct has occurred, ensure the restoration of the subject villages homes and families, and compensation to innocent victims.

e) All alleged violators to be brought to justice and duly punished if guilty, as was done in 2007 with 123 military personnel and one police officer.

f) Withdrawal of all foreign occupying forces including the United Nations and United States forces and support democratic processes in governance. 2) Call on members of the Bay Area Congressional Delegation to co-sponsor H.Res.241, which urges multilateral financial institutions to cancel completely and immediately Haiti’s debts to such institutions, specifically Speaker of the House Nancy Pelosi [CA-8], Zoe Lofgren [CA-16], Anna Eshoo [CA-14], and George Miller [CA-7], and direct the City Manager to send letters to that effect to these representatives; 3) Request Representative Barbara Lee [CA-9] to introduce legislation, similar to H.R.946, to establish an Independent Commission on the 2004 Coup d’Etat in the Republic of Haiti, and request Senators Barbara Boxer and Dianne Feinstein to introduce similar legislation to H.R.946 in the Senate, and support the amendment included in the FY2006 Foreign Operations Appropriations Conference Report prohibiting arms transfers and sales; and 4) Express our city’s solidarity with the people of Haiti to achieve much needed peace and improved living and working conditions and extend a standing invitation to President Aristide to once again visit the City of Berkeley. Financial Implications: None Contact: Linda Maio, Councilmember, District 1, 981-7110

19. Council Workshop on the City’s Undergrounding Policy From: Councilmember Moore Recommendation: Schedule a workshop on the City’s undergrounding policy to precede the May 20th, 2008 City Council meeting. Financial Implications: None Contact: Darryl Moore, Councilmember, District 2, 981-7120



20. Notice of Public Parking Availability in the Downtown From: Councilmember Capitelli Recommendation: Request the City Manager direct staff to 1) Develop signage to promote the availability of parking in the downtown for the

general public, and 2) As a short-term measure, amend the BMC to allow garages with available

parking to display ground (“sandwichboard”) signs that indicate parking availability, placed at a location that does not obstruct the public right of way and, particularly, access for disabled people.

Financial Implications: Cost of signs and installation Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

21. City Sponsorship Of The North Shattuck Avenue Chocolate and Chalk Art Festival From: Councilmembers Capitelli and Spring Recommendation: That the City of Berkeley, in collaboration with the North Shattuck Association, cosponsor the Chocolate and Chalk Arts Festival to be held on North Shattuck Avenue on Saturday, May 31, 2008, from 10:00 a.m. to 5:00 p.m. Financial Implications: None Contact: Laurie Capitelli, Councilmember, District 5, 981-7150

22. Final EIR Certification - Helios and Computational Research and Theory Buildings From: Councilmember Olds Recommendation: Adopt a resolution to the Regents of the University of California requesting non-certification of the Final Environmental Impact Reports on the proposed 140,000 gross square foot Computational Research and Theory Building and the proposed 160,000 gross square foot Helios Building to be sited in the Strawberry Creek Watershed and Strawberry Canyon areas above and to the east of Memorial Stadium until such time as alternative sites, already zoned and currently available for such industrial research and development facilities, are fully studied. Financial Implications: None Contact: Betty Olds, Councilmember, District 6, 981-7160

23. Use of D-13 Account - Support the Berkeley Public Education Foundation From: Councilmember Olds Recommendation: Vote to allow Councilmembers to use their office D-13 accounts to support the Berkeley Public Education Foundation by attending their Spring luncheon on May 16th when community members who have made outstanding contributions to our schools will be recognized. Financial Implications: D-13 Accts - $75 per person Contact: Betty Olds, Councilmember, District 6, 981-7160



24. Letter to U.S. Forest Service Chief Opposing Logging in Giant Sequoia National Monument From: Councilmember Worthington Recommendation: That the Berkeley City Council adopt a motion to send a letter to United States Forest Service Chief Abigail Kimbell asking her department to change its plans allowing commercial logging within the boundaries of the Giant Sequoia National Monument. Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7 981-7170

25. Budget Referral: Youth Musical Theater Company of Berkeley From: Councilmembers Wozniak and Olds Recommendation: Refer the following to the budget process: A one-time request for $10,000 for the Youth Musical Theater Company of Berkeley to fund scholarships for Berkeley youth and an outreach program to Berkeley middle schools. Financial Implications: $10,000 Contact: Gordon Wozniak, Councilmember , District 8, 981-7180.

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.

Action Calendar – Public Hearing


26. Minimum Parking Time at Pay-and-Display Parking Stations From: City Manager Recommendation: Conduct a public hearing and upon conclusion, adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC), Section 14.52.120, Parking Meter and Pay and Display Station Fees, to establish a longer minimum parking time at pay-and-display stations, effective June 30, 2008. Financial Implications: See report Contact: Claudette Ford, Public Works, 981-6300

Action Calendar – Old Business

27. Instant Runoff Voting From: City Manager Recommendation: Adopt first reading of an Ordinance to enable the use of instant runoff voting in Berkeley. Financial Implications: Contact: Deanna Despain, Deputy City Clerk, 981-6900

28. Direction on Possible Ballot Measures for the November 4, 2008 General Municipal Election, Amend Contract – David Binder a. From: City Manager Recommendation:

1. Provide general direction regarding possible City revenue measures, to be submitted to the voters at the November 4, 2008 General Municipal Election.

2. Amend contract with David Binder. Financial Implications: Contact: Lisa Caronna, Deputy City Manager, 981-7000

b. From: City Manager Recommendation: Provide comments to the City Attorney concerning the attached draft of the ballot title and City Attorney's analysis of a ballot measure for the November 2008 election to reauthorize spending taxes previously approved by the voters, since reauthorization of such expenditures is required every four years by the California Constitution. This is not a tax increase or a new tax. Financial Implications: See report. Contact: Robert Hicks, Finance, 981-7300

c. From: City Manager Recommendation: Adopt the resolution approving the Gann Override Measure be placed on the November 2008 ballot reauthorizing the City to spend the proceeds of the Library Relief Tax that was approved by the voters in 1988. Financial Implications: See report. Contact: Donna Corbeil, Library, 981-6195


29. Contracts: Stockton Recycling Inc. & Zanker Road Resource Management for C&D Processing (Continued from April 22, 2008) From: City Manager Recommendation: Adopt two Resolutions authorizing the City Manager to execute two contracts, each for the term of April 23, 2008 to June 30, 2011, for construction and demolition waste processing with: 1) Stockton Recycling Company, Inc. ("Stockton") to sort construction and

demolition waste for an amount not to exceed $547,688 in FY 2008 and a total contract amount not to exceed $5,476,742; and

2) Zanker Road Resource Management ("Zanker") for an amount not to exceed $275,508 in FY 2008 and a total contract amount not to exceed $2,755,080.

Financial Implications: See report. Contact: Claudette Ford, Public Works, 981-6300

30. Revised Light Brown Apple Moth Resolution (Continued from April 22, 2008) From: Councilmembers Maio, Moore and Spring Recommendation: Adopt the following revised Light Brown Apple Moth (LBAM) resolution. Financial Implications: None Contact: Linda Maio, Councilmember, District 1, 981-7110

31. Support of a Global Marshall Plan for Universal Wellbeing, Security and Environmental Survival (Continued from April 22, 2008) From: Councilmember Worthington Recommendation: Adopt a resolution in support of a Global Marshall Plan for Universal Wellbeing, Security and Environmental Survival Financial Implications: None Contact: Kriss Worthington, Councilmember, District 7, 981-7170

32. Extension of the Transfer Tax Seismic Exemption to Include a “Green” Exemption for Major Energy Efficiency and Solar Improvements (Continued from April 22, 2008) From: Councilmember Wozniak Recommendation: Refer to the City Manager a request to develop a ballot measure for the November 2008 election. This measure should provide incentives for Berkeley residents to attain the City’s ambitious Measure G goals of decreasing greenhouse gas emissions by extending the seismic exemption of the Transfer Tax to include a “green” exemption for major energy efficiency and solar improvements. Issues to be considered are: 1) Should this “green” exemption apply to all structures (residential as well as

commercial & industrial) or only residential structures, 2) What kind of energy improvements should qualify for a “green” exemption and 3) Should alternate sources of energy, such as photovoltaic, qualify. Financial Implications: See report Contact: Gordon Wozniak, Councilmember, District 8, 981-7180


Action Calendar – New Business

33. Improvements to Downtown Street Sweeping - Pilot Program From: City Manager Recommendation: Approve a pilot program of enforced overnight-restricted parking on Shattuck Avenue. The program would restrict parking on the West Side of Shattuck Avenue, from Hearst to Blake Street on Monday, Wednesday and Friday between the hours of 2:00 am and 6:00 am and on the East Side of Shattuck Avenue on Tuesday and Thursday. Financial Implications: Refuse Collection Disposal - $11,000 Contact: Claudette Ford, Public Works, 981-6300

Information Reports

34. Enforcement of BMC Chapter 13.28 With Respect to Military Recruiting Offices in Berkeley From: City Manager Contact: Zach Cowan, City Attorney, 981-6950

35. Status Report - Follow-Up Cash Receipts/Cash Handling Audit From: Contact: Robert Hicks, Finance, 981-7300

36. Unrepresented Temporary Employees From: City Manager Contact: David Hodgkins, Human Resources, 981-6800

37. Audit: Police Asset Forfeiture Deposit Accounts From: City Manager Contact: Robert Hicks, Finance, 981-7300

38. Accounts Payable Audit - Status Report From: City Manager Contact: Robert Hicks, Finance, 981-7300

39. Status Report: Citywide Alcohol and Other Drugs Five-Year Work Plan From: City Manager Contact: Fred Medrano, Health and Human Services, 981-5100

40. Update and Summary of the Oxford Plaza and David Brower Center Project From: City Manager Contact: Jane Micallef, Housing, 981-5400

41. LPC NOD: 1920 Tenth Street From: City Manager Contact: Dan Marks, Planning and Development, 981-7400

Information Reports


42. Mental Health Commission Annual Report 2007 From: Mental Health Commission Carol Patterson Commission Secretary, 981-5100

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. 1094.6(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 http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3. Archived indexed video streams are available at http://www.ci.berkeley.ca.us/citycouncil. Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil and may be read at reference desks at the following locations:

City Clerk Department Libraries: 2180 Milvia Street Main - 2090 Kittredge Street Tel: 510-981-6900 Claremont Branch – 2940 Benvenue TDD: 510-981-6903 West Branch – 1125 University Fax: 510-981-6901 North Branch – 1170 The Alameda Email: [email protected] 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 981-6346(V) or 981-7075 (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. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this 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 May 1, 2008 Deanna Despain, Deputy City Clerk

Mental Health Commission

CONSENT CALENDAR April 22, 2008

To: Honorable Mayor and Members of the City Council From: Mental Health Commission

Submitted by: Carol Patterson, Secretary, Mental Health Commission

Subject: May Is Mental Health Month

RECOMMENDATION Adopt a Resolution proclaiming May 2008 as Mental Health Month in the City of Berkeley. FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS Mental health is critical for our well-being and vitality as well as that of our families, communities and businesses. Mental disorders and mental health problems affect people of all backgrounds and all stages of life, and no one is immune. The World Health Organization found that mental illnesses rank first in terms of causing disability in the United States and, collectively, are the most prevalent health problem in America today – more common than cancer, lung and heart disease combined. Nationally, one in four people report they’ve missed work as a result of work-related stress. In a typical workplace with 20 employees, four will likely develop a mental illness this year. More than three out of four employees who seek care for workplace issues or mental health problems see substantial improvement in work performance after treatment. The National Mental Health Association, National Council for Community Based Behavioral Healthcare and their national partners observe Mental Health Month during the month of May each year. Local government agencies, public and private institutions, businesses and schools join in this annual campaign to raise public awareness and understanding of mental health and illness, and to reduce the stigma associated with mental health problems and their treatment.

Council is requested to join in this national campaign in order to promote increased awareness of mental health and mental disabilities in the City of Berkeley.

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May Is Mental Health Month CONSENT CALENDAR April 22, 2008 BACKGROUND Although mental health treatment has been shown to be effective, an estimated two-thirds of adults and young people with mental health problems are not getting the help they need. The City of Berkeley has been engaged in Mental Health Services Act planning, with the intent to identify areas of greatest need and to increase effective mental health services that promote mental health recovery. The Department of Health and Human Services, Mental Health Division and Mental Health Commission will continue to participate in a comprehensive and inclusive planning process to transform services provided by the Mental Health Division in alignment with the Mental Health Services Act. At its March 27, 2008 meeting, the Mental Health Commission passed the following motion: M/S/C (King, Diehl) Move that we approve the Proclamation to be sent to Council. Ayes: Clermont, Diehl, King, Maris, Smith; Noes: None; Abstain: None; Absent: Dixon, Moore, Simpkins. RATIONALE FOR RECOMMENDATION May is Mental Health Month offers us the opportunity to bring awareness that mental health problems are common, impact all families, and are often disabling; that treatment is effective; and that the successes of people in recovery are often remarkable. ALTERNATIVE ACTIONS CONSIDERED None.

CITY MANAGER The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON Allan Maris, Chairperson, Mental Health Commission, 510-526-7032 Carol Patterson, Secretary, Mental Health Commission, 510-981-5217

Attachment: 1. Resolution

RESOLUTION NO. ##,###-N.S.

PROCLAIMING MAY 2008 AS MENTAL HEALTH MONTH WHEREAS, mental health is essential to everyone’s overall health, productivity and well-being; and WHEREAS, one in five American adults and children are affected by a mental illness; and WHEREAS, mental health problems do not discriminate; they know no race, creed, age limit or economic status; and WHEREAS, Mental Health Recovery is possible with proper treatment and support empowering mental health consumers to lead full and productive lives; and WHEREAS, as many as 8 million Americans who have serious mental illnesses do not receive adequate treatment each year; and WHEREAS, people who have untreated mental health issues use more general health services than those who seek mental health when they need it; and WHEREAS, the City of Berkeley has made a commitment to community-based systems of mental health care in which all residents can receive high-quality and consumer-centered services; and WHEREAS, we commend the Department of Health and Human Services, Mental Health Division and the Mental Health Commission for their outstanding work improving the quality of life for mentally disabled individuals in our community; and WHEREAS, the City of Berkeley has been actively involved in the planning and implementation of the Mental Health Services Act to increase effective mental health services that promote Mental Health Recovery in Berkeley; and WHEREAS, the National Mental Health Association, the National Council for Community Behavioral Healthcare and their national partners observe Mental Heath Month every May to raise awareness and understanding of mental health and illness. NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley hereby proclaims May 2008 as Mental Health Month in the City of Berkeley; and calls upon all Berkeley citizens, government agencies, public and private institutions, businesses and schools to recommit our community to increasing awareness and understanding of mental illness, and the need for appropriate and accessible services for all people with mental illnesses.


2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.ci.berkeley.ca.us/manager

CONSENT CALENDAR May 6, 2008



Subject: Appointments to Mental Health Commission

RECOMMENDATION Approve the appointments of Morton Felix and Kim Nemirow to the Mental Health Commission, as representatives of the General Public Interest Category, for three-year terms beginning May 6, 2008 and ending May 5, 2011. FISCAL IMPACTS OF RECOMMENDATION None.

CURRENT SITUATION AND ITS EFFECTS The Mental Health Commission is authorized to be composed of seventeen members. However, there are presently ten vacancies on the Commission. These vacancies impair the Commission’s ability to adequately review and evaluate the community’s mental health needs, resources, and programs.

BACKGROUND State law requires that appointments to the Mental Health Commission meet specific categories. The general public interest category may include anyone who has an interest in and some knowledge of mental health services. The special public interest category includes direct consumers of public mental health services or family members of consumers, which together must constitute at least fifty percent or nine of the commission seats. Direct consumers and family members shall each constitute at least 20% of the commission membership. Two members shall be residents of the City of Albany with at least one of these seats filled by a direct consumer or family member.

Mental Health Commission members may, by State law, serve no more than nine consecutive years.

At its March 27, 2008 meeting, the Mental Health Commission discussed appointments to the Commission for Morton Felix and Kim Nemirow as representatives of the General Public Interest Category. Mr. Felix is a Berkeley resident and a psychologist who does Supplemental Security Income evaluations. Ms. Nemirow is a Berkeley resident and a mental health advocate with a law degree.

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Appointments to Mental Health Commission CONSENT CALENDAR May 6, 2008 After the discussion, the Mental Health Commission passed the following motions:

M/S/C (Smith, King) Move to recommend that Morton Felix be appointed to Mental Health Commission. Ayes: Unanimous; Absent: Dixon, Moore, Simpkins. M/S/C (Diehl, King) Move to recommend that Kim Nemirow be appointed to the Mental Health Commission. Ayes: Unanimous; Absent: Dixon, Moore, Simpkins. RATIONALE FOR RECOMMENDATION Approval of the recommended action will allow the Mental Health Commission to move one step closer to having a full and diverse complement of commissioners to review and evaluate the community’s mental health needs, resources, and programs.

CITY MANAGER The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON Allan Maris, Chairperson, Mental Health Commission, (510) 526-7032 Carol Patterson, Secretary, Mental Health Commission, (510) 981-5217

Linda Maio Councilmember District 1

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 D: (510) 981-6903 ● Fax: (510) 981-7111 [email protected]

CONSENT CALENDAR April 22, 2008

To: Honorable Mayor and Members of the City Council From: Councilmember Linda Maio (possibly to be joined by Anderson, Wozniak,

Bates) Subject: Revision of Peace and Justice Commission Recommendation: Supporting the People of Haiti

RECOMMENDATION 1) Call on all authorities in Haiti, the United Nations Stabilization Mission in Haiti, the United States, Canada, France, and Brazil, Nepal, and Jordan (those countries who have the largest number of troops assigned) who consider themselves the friends of Haiti, to work for rapid implementation of the following:

a) Release of all political prisoners, b) Guaranteed freedom of speech and assembly,

c) The safe return of Human Rights Activist Lovinsky Pierre-Antoine, d) A thorough investigation of all allegations of United Nations troop raids in Cite Soleil and elsewhere regarding perpetration of violent attacks, rapes and sexual exploitation, and where misconduct has occurred, ensure the restoration of the subject villages homes and families, and compensation to innocent victims. e) All alleged violators to be brought to justice and duly punished if guilty, as was done in 2007 with 123 military personnel and one police officer. f) Withdrawal of all foreign occupying forces including the United Nations and United States forces and support democratic processes in governance.

2) Call on members of the Bay Area Congressional Delegation to co-sponsor H.Res.241, which urges multilateral financial institutions to cancel completely and immediately Haiti’s debts to such institutions, specifically Speaker of the House Nancy Pelosi [CA-8], Zoe Lofgren [CA-16], Anna Eshoo [CA-14], and George Miller [CA-7], and direct the City Manager to send letters to that effect to these representatives;

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Supporting the People of Haiti April 22, 2008

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3) Request Representative Barbara Lee [CA-9] to introduce legislation, similar to H.R.946, to establish an Independent Commission on the 2004 Coup d’Etat in the Republic of Haiti, and request Senators Barbara Boxer and Dianne Feinstein to introduce similar legislation to H.R.946 in the Senate, and support the amendment included in the FY2006 Foreign Operations Appropriations Conference Report prohibiting arms transfers and sales; and 4) Express our city’s solidarity with the people of Haiti to achieve much needed peace and improved living and working conditions and extend a standing invitation to President Aristide to once again visit the City of Berkeley. FISCAL IMPLICATIONS None. BACKGROUND The 2004 Haiti Coup d’Etat resulted in the premature end of President Jean-Bertrand Aristide’s second term, and the installation of an interim government led by Prime Minister Gérard Latortue and President Boniface Alexandre. Many of the supporters of the Famni Lavalas party and Aristide, as well as progressive and independent observers worldwide, denounced the rebellion as a foreign controlled coup d’etat orchestrated by Canada, France, and the United States to remove a democratically elected President. On May 14, 2006, Rene Garcia Preval was sworn in as the President of Haiti, following democratic elections in which 2.2 million Haitians (more than 60% of registered voters) participated. President Preval’s election is a sign of hope for the people of Haiti who have suffered tremendously as a result of violence and natural disasters. However, the government of Haiti needs the support and assistance of the international community to ensure national reconciliation and sustainable development for the Haitian people. Debt cancellation is essential to this process. H.Res.241 urges multilateral financial institutions to cancel completely and immediately Haiti’s debts to such institutions. Cancellation of Haiti’s debts will enable the democratically elected government to improve health care, education and other essential government services; invest in critical infrastructure; and improve the lives of the Haitian people.

Councilmember Linda Maio Council District 1 510-981-7110 Attachment 1 : “U.N. Troops Accused of Human Rights Violations in Haiti,” Maria Luisa Mendonca, Americas Program, Center for International Policy, January 29, 2008.

Supporting the People of Haiti April 22, 2008

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Consultation regarding references to the United Nations provided by Rita Maran, 1st Vice President of the Board of Directors of the United Nations Association of the East Bay, and UC Human Rights Professor. Rita Maran: (510) 540-8017 or [email protected]

City Council

Darryl Moore Councilmember District 2

2180 Milvia Street Fifth Floor Berkeley CA 94704 TEL: (510) 981-7120 FAX: (510) 981-7122

E-Mail : [email protected] WEB: www.ci.berkeley.ca.us/district2


To: Honorable Mayor and Members of the City Council From: Councilmember Darryl Moore Subject: Council Workshop on the City’s Undergrounding Policy RECOMMENDATION: Schedule a workshop on the City’s undergrounding policy to precede the May 20th, 2008 City Council meeting. BACKGROUND: On December 19, 2000, the City Council requested the Public Works Commission to establish priority streets and procedures for incoming 20A monies, a California Public Utility Commission project that provides the funding and mechanism for moving electric distribution facilities underground. Rule 20A allocations to three Rule 20A districts that have been previously established are committed through 2011. It is crucial to begin preparations for future Rule 20A districts well in advance of 2011 since it requires several years to achieve the necessary coordination and engineering for undergrounding projects. It is requested that a workshop is conducted on the City’s undergrounding policy that include: the history of underground, a map of areas that have already been undergrounded, guidelines and procedures for establishing priority areas for undergrounding, the current backlog of undergrounding projects, and whether or not there is a moratorium on future undergrounding projects. FINANCIAL IMPLICATIONS: None CONTACT PERSON: Councilmember Darryl Moore, District Two 981-7120 Attachments: 1) Update on Established Utility Underground Districts (Rule 20A),

January 17, 2006 2) Underground Policy for Rule 20A Monies, November 27, 2007

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Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/manager

INFORMATION CALENDAR January 17, 2006

To: Honorable Mayor and Members of the City Council

From: Phil Kamlarz, City Manager

Submitted by: Claudette R. Ford, Acting Director, Public Works

Subject: Update on Established Utility Underground Districts (Rule 20A)

SUMMARY This report is an update on the status, procedures and policies for three utility underground districts (UUD or District) established in 1991-1992: UUD No. 47 (Miller/Stevenson), UUD No. 48 (Grizzly Peak/Summit), and UUD No. 35A (Vistamont). These districts were established under Berkeley Municipal Code, Chapter 16.24, Underground Utility Facilities; Electrical Rule 20, Replacement of Overhead with Underground Electric Facilities; and Telecommunication Rule 32A, Facilities to Provide Replacement of Aerial with Underground Facilities.

CURRENT SITUATION AND ITS EFFECTS Status: These Districts were established between FY 1991 and FY 1992. To fund the streetlight installation portion of the Districts, assessments were levied and collected between FY 1995 and FY 1999. Although the City now has enough Pacific Gas and Electric (PG&E) Rule 20A Allocations for the design and construction of the first of these three UUDs, the City does not have sufficient funds or assessment revenue for the City’s streetlight construction, project management, and inspection. Staff met with the organizing committee of each of these Districts and then with the full membership of each District to explain the current funding shortage and options available. A petition was circulated in each District between May and October 2004, to measure the interest in a second assessment. Over 70 percent of the parcel owners in each District opted to increase the assessments instead of vacating the established UUDs.

Levied and Collected Assessments (FY 1995 Through FY 1999): The three UUDs were annexed into the Street Light Underground Assessment District No. 1985-1 as additional assessment zones. Assessments for UUD No. 47 ( zone 15), UUD No. 48 ( zone 16), and UUD No. 35A (zone 12) were levied and collected between FY 1995 through FY 1999. The table below shows the amount of assessments collected from the zones and the interest the assessments have earned through June 30, 2005. These funds are currently in the General Fund Reserve account.

ddespain

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Attachment 1

Update on Remaining Utility Underground Districts INFORMATION CALENDAR (Rule 20A) January 17, 2006

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Assessments Levied and Collected (Table 1) District UUD No. 47

(Miller/Stevenson)Zone 15

(211 Parcels)

UUD No. 48 (Grizzly

Pk/Summit) Zone 16

(186 Parcels)

UUD No. 35A (Vistamont)

Zone 12 (59 Parcels)

Total

Assessments Levied/Collected

$81,409.52

$70,501.10

$5,838.68

$157,749.30

Interest Earned Thru 6/30/2005

$29,647.98

$25,632.30

$2,106.33

$57,386.61

Total Amount

$111,356.00

$96,133.40

$7,945.01

$215,434.41

Schedules: PG&E and the other utility companies have started the design process for UUD No. 47, the first District in queue. The assessment process for UUD No. 47 started in September 2005 with the Resolution of Intention planned to be presented to Council in early February 2006. The other two Districts will follow at approximately one-year intervals. Table 2 is a schedule of the major activities for each of the Districts. UUDs Schedules (Table 2) District UUD No. 47

(Miller/Stevenson) UUD No. 48

(Grizzly Pk/Summit) UUD No. 35A (Vistamont)

Assessment Process Start

September 2005 September 2006 September 2007

Assessment Process Finish

July 2006 July 2007 July 2008

Design Start October 2005

October 2006 January 2008

Design Finish September 2006

September 2007 December 2008

Substructure Const Start

October 2006 October 2007 January 2009

Substructure Const. Finish

May 2007 May 2008 June 2009

Electric Const. Start June 2007

June 2008 July 2009

Pole Removal (Elec. Const Finish)

January 2008

January 2009

January 2010


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Second Assessment: The estimated costs for the City’s project management, design, inspection, and assessment process exceed the amount levied and collected between FY 1995 through FY 1999, including the interest earned through June 30, 2005. The City has three options. The first option is to fund the shortfall from the General Fund. With the current fiscal state of the City’s General Fund this is not a feasible option. The second option is to dissolve the UUDs and refund the additional assessments collected, with interest, to the parcels from which they were collected. The third option is to re-assess the district for the current costs and credit the parcels the assessment amounts previously levied and collected (with the interest earned). Over 70 percent of the parcel owners in the Districts favor the third option—a new assessment.

Table 3 lists the costs for streetlights and for the utility undergrounding project management, inspection, and establishing the assessment district. The estimates are projected (escalated) into the future time periods when the work will be done. Costs can be projected, with some certainty for a two to three year period, but beyond that period there is less certainty about the costs. Therefore, the estimates for UUD No. 48 and UUD No. 35A should and will be reviewed again as the assessment process starts.

City’s Estimated Cost (Table 3) District UUD No. 47

(Miller/Stevenson) (211 Parcels)

UUD No. 48 (Grizzly

Pk/Summit) (186 Parcels)

UUD No. 35A (Vistamont) (59 Parcels)

Totals

Street Light Costs

$368,160

$299,320

$56,325

$741,805

UUD - PM, Insp. & Assmt Process

Costs

$151,670

$142,770

$123,295

$417,735

Total City Portion Costs

$519,830

$462,090

$179,625

$1,161,545

Previous Assessments w/

Int.

($111,356)

($96,133)

($7,945)

($215,434)

Amt to be Assessed

$408,475

$346,000

$171,700

$926,175


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The total assessment for parcels in the Districts will range between $1,000 and $3,500. Over a five-year assessment period, a parcel would be levied an annual assessment of between $200 and $700 per year.

Procedures for the Second Assessment Process: The City will use the Municipal Improvement Act of 1913 (the “1913 Act”) as the financing mechanism for funding the utility undergrounding capital improvements. This act authorizes the formation of an Assessment District (AD) to fund all of the improvements, including the utility undergrounding and the streetlight replacement.

1. Initializing Step: As noted above, over 70% of the residents in each proposed district have signed a petition to establish new assessment districts.

2. Council Meeting Approving the Resolution of Intention:

After a petition is accepted, the City Council adopts a Resolution of Intention to form an assessment district and calls for the preparation of an Engineer’s Report and proposed boundary map of the proposed assessment district. At the same meeting, the Council will be asked to adopt a resolution clearly articulating the City’s policy that it will not establish this type of assessment district without approval of 2/3 of the ballots, weighted according to financial obligation. This is not a part of the assessment district formation process. Rather it reflects Council policy with respect to the establishment of assessment districts of this type.

3. Preliminary Engineering Design: Preliminary engineering or design, as applicable, is performed to provide preliminary plans and costs of the proposed improvements.

4 Assessment Engineer’s Report: The draft Engineer’s Report is prepared based on preliminary design and estimates; description of the work; method of apportionment; assessment roll; and assessment diagram.

5. Meeting with Organizing Committee: After the City staff has approved the draft Preliminary Assessment Engineer’s Report, a meeting is held with the Organizing Committee to discuss the apportioned benefit and costs and receive input on the report.

6. District Informational Meeting: A District Informational meeting is held with all parcel owners within the district to answer questions and discuss the draft Preliminary Engineer’s Report. The preliminary engineer’s report is distributed to the District for the first time during the presentation.


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Parcel owners absent from the meeting are sent packages of the meetings content and discussion.

7. Research Input from District: Parcel owner’s concerns with the benefit analysis or assessment formula are resolved as appropriate.

8. Finalize Preliminary Engineer’s Report: The Preliminary Engineer’s Report is finalized based on the parcel owners input and any required updating of the cost estimates.

9. Council Meeting Approving Preliminary Engineer’s Report, Authorizing the Mailing of the Ballots, and Setting Public Hearing Date: After consideration of the Preliminary Engineer’s Report, City Council adopts a resolution approving the report, authorizing the mailing of ballots and notices, and sets a date for the public hearing.

10. 45-day Balloting Period: Parcel owner ballots and public hearing notices are prepared and mailed a minimum of 45 days before the scheduled public hearing. Each ballot includes the parcel owner name, parcel identification number, and proposed assessment amount along with any other legally required information. A prepaid return address envelope will be provided for the parcel owners’ convenience and to keep the ballots private.

11. District Informational Meeting: A second informational meeting to answer questions about the process will be held approximately 10 days after the notices and ballots are mailed. The date, time and location of this meeting would be included with the notice and ballot.

12. Voted Ballots: Voted ballots are returned to the City Clerk throughout the 45-day balloting period. The ballots are to remain unopened and kept in a secure place until the public hearing.

13. Council Meeting Holding a Public Hearing The City Council conducts a public hearing allowing anyone who wishes to hear and be heard regarding the proposed Assessment District. Voted ballots may be turned into the City Clerk until the end of the public input portion of the pubic hearing.

14. Ballot Tabulation: After the close of the public hearing, the ballots are opened and tabulated. Each ballot is weighted according to its financial obligation. Ballots cast in favor or opposed to the assessment district are counted by the ballot’s financial obligation. If 2/3 of the cast ballots are in favor of the assessment district, then the City Council is given the opportunity to form the assessment district. If more ballots are cast in opposition than in favor, then a majority protest exists and the District cannot be formed.


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15. Council Approving Resolution of Formation and Authorize the Improvements: If no majority protest exists, than the City Council may adopt the Resolution of Formation, approving the Engineer’s Report and establishing the assessments.

16. 30-day Cash Collection Period: After the formation, the parcel owners are provided 30-days to pay their assessment in full or pay the assessment over time.

17. County Recordation: The assessment diagram and the Notice of Assessment are recorded with the County Recorders office.

18. Assessment Notices Mailed: A notice is mailed to affected parcel owners letting them know that the District has been formed and what their options are for paying off their assessments. A payoff amount less finance charges will be provided.

19. Paid/Unpaid List: After the 30-day cash collection period, a list will be prepared of which properties paid off their assessments and which properties still have an assessment associated with them and what that total amount of the obligation is.

20. Sell Bonds: After the 30-day cash collection period is completed, bonds are sold for the balance of the assessment amount need to fund the improvements. The 1915 Bond Act will be used for the bonds and the City will “buy” the bonds and be the bondholder.

21. Assessments Levied and Collected Over a 5-year Period: The bonds are paid back over a 5-year period by collecting assessments with principal and interest payment (and administrative costs) on parcel tax bills.

22. Council Amends the Resolution Establishing the Utility Underground District: As a separate action on the same night of the Public Hearing for the Assessment District, if the District cast ballot assessment amounts by 2/3 majority in favor of the assessment district, then Council will also approve a Resolution amending the Resolution Establishing the Utility Underground District to include time specific dates to complete the improvements within the boundaries of the UUD. Finally, it will adopt a resolution dissolving the existing assessment districts.

Estimated UUD Costs: Table 4 lists the total estimated costs for each district: Utility agency contributions for the design and construction to underground their facilities within the public right-of-way; the City’s total portion for each District; previous collected assessments with interest; street light costs; UUD project management, inspection and assessment process costs; and the amount to be assessed.


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Estimated Utility Undergrounding Costs (Table 4) Districts UUD No. 47

(Miller/Stevenson) UUD No. 48

(Grizzly Pk/Summit) UUD No. 35A (Vistamont)

Total Est. Cost

$3,925,030

$3,473,850

$2,006,350

Utilities Contribution

($3,405,200) ($3,031,750) ($1,826,700)

Previous Assessments w/ Int

($111,356) ($96,133) ($7,945)

Amt to be Assessed

$408,475

$346,000

$171,700

Utility Contributions: The four utilities that participate in the undergrounding process are: (1) PG&E, SBC, Comcast, and the City (for its streetlights). Under Electrical Rule 20A PG&E covers the cost of the electrical undergrounding in the public right-of-way or utility easements. Similarly, under Telecommunication Rule 32A SBC and Comcast cover the costs of undergrounding their facilities in the public right-of-way or utility easements. After the project is completed and every parcel is converted to underground service, PG&E is allowed to recover the costs associated with that project from the rates paid by all its customers (rate payers). SBC and Comcast recover their costs in a similar way. PG&E’s Rule 20A allocation commitment to the undergrounding projects in Berkeley as of December 31 2005 is $3,089,998. The City receives an annual Rule 20A allocation from PG&E of approximately $1,000,000. Allocations through the calendar year 2009 will be used to complete these underground districts.

Low Income Assistance: The cost for property owners to convert their utility connections to the newly underground facility will range between $500 and $6,000 in 2005 dollars. An average parcel’s conversion cost is estimated to be around $2,500 in 2005 dollars. Under Rule 20A and upon the request of the governing body (City Council), PG&E will pay a portion of the individual parcel’s conversion costs. PG&E will install conduit up to 100 feet from the property line on the parcel and pay up to $1500 for the conversion of the electrical panel (excluding permit fees).

When these UUDs were established, City Council elected to use a portion of the PG&E allocation funds to assist low-income parcel owners with their conversion costs. The current low-income threshold is $29,800 (total gross income). The number of parcels in each District that would qualify for assistance is not known, but is estimated to be 5 percent. Table 5 lists the estimated number and amount of low-income assistance anticipated.


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Low-Income Assistance From Rule 20A Allocations (Table 5) Districts UUD No. 47

(Miller/Stevenson) (211 Parcels)

UUD No. 48 (Grizzly Pk/Summit)

(186 Parcels)

UUD No. 35A (Vistamont) (59 Parcels)

Low-income Parcels 11 9 3

Amt of Assistance $6000 $6000 $6000

Rule 20A Allocations $66,000 $54,000 $18,000

BACKGROUND In 1992-93 Public Works Commission (as directed by City Council) held public hearings to establish Utility Underground Districts No. 47 (Miller/Stevenson), No. 48 (Grizzly Peak/Summit), and No. 35A (Vistamont) [Districts] under Berkeley Municipal Code, Chapter 16.24, Underground Utility Facilities. Each District was annexed into the Berkeley Street Light Underground Assessment District No. 1985-1 and assessments were levied and collected between FY 1995 through FY 1999 for zone 15 (Miller/Stevenson) in the amount of $82,993, zone 16 (Grizzly Peak/Summit) in the amount of $70,500, and zone 12 (Vistamont) in the amount of $5,838.

Since the time these Districts were established with assessments levied and collected, a number of things have transpired creating a shortfall in funding for these projects. First and foremost, PG&E has gone through a bankruptcy. The cost to underground and install the City’s self-standing streetlights has increased.

Due to the above factors, the costs for the City’s portion of these projects has gone up to the point it is no longer feasible to construct these Districts without an increase in assessments. Without the increased assessment, the Districts would need to be abandoned, and the collected assessments plus interest would be returned to the parcels from which they were levied.

POSSIBLE FUTURE ACTION UUD No. 47 (Miller/Stevenson) will be the first proposed Assessment District before City Council. The Resolution of Intention is planned to be presented in early February 2006, completing the process by the end of July 2006.

At the same time, staff will present for adoption a resolution to establish the approval criterion of 2/3 percent of the ballots submitted and not withdrawn weighted according to the proportional financial obligation of the affected property owners in favor of the assessment as the approval level required to establish a utility underground assessment district.


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Staff will also be amending BMC section 16.24, Underground Utility Facilities, to simplify the process of dealing with parcel owners who refuse to cooperate with the resolution establishing a UUD by not completing their parcel conversions by the specified time. This action delays the completion of the District. Past UUD projects have been delayed by months as the City goes through the process of getting the holdout property owners to comply thus increasing the cost of undergrounding for the City, Utility Companies, and the rest of the parcel owners.

The moratorium on future Rule 20A projects will stay in effect until the 2008 or 2009 calendar year. The Council through the Utility Underground Task Force (1999—2001) established a policy that Utility Underground Districts will be geographically distributed throughout the entire City and the process (to establish UUDs) for the next three districts will concentrate on geographical areas other than the geographical area where the last three established districts are located.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION The previously collected assessments (with interest) are currently set aside as part of the designated General Fund Reserve Account. This amount is $215,434 (See Total in Table 1 for the three Districts). The improvement work will be funded by offering bonds bought by the City and paid back over a five-year period from each of the Districts. This will result in a second disbursement of $926,175. The costs associated with the bonds are part of each District’s improvement costs. The total payback period for all the Districts is anticipated to be 8 years from the time the first District is levied until the last assessment is collected from the third District. A special revenue fund (Utility Underground Districts Fund) will be established to best manage the cash flow of the districts.

CONTACT PERSON Jeffrey Egeberg, Manager of Engineering, Public Works Department, 981-6400 Lorin Jensen, Supervising Civil Engineer, Public Works Department, 981-6411

Public Works Commission


INFORMATION CALENDAR November 27, 2007

To: Honorable Mayor and Members of the City Council From: Public Works Commission

Submitted by: Jeffrey L. Egeberg, Secretary, Public Works Commission

Subject: Underground Policy for Rule 20A Monies INTRODUCTION On December 19, 2000, Council requested that the Public Works Commission (PWC) establish priority streets for incoming 20A monies and that these priorities include major arterial streets that are to be used as evacuation routes in case of disaster. The PWC was further requested to return with specific procedures in place for implementing the priority streets. Lastly, it established that there shall be a moratorium on creating new 20A Districts until these priorities and procedures have been established. CURRENT SITUATION AND ITS EFFECTS There are three Rule 20A districts that have been previously established and are yet to be constructed. These districts are using committed Rule 20A allocations through 2011. At that time, Rule 20A funds should become available for new districts to be formed. However, the City needs to start making preparations well ahead of time, since it takes several years to achieve the necessary coordination and engineering for undergrounding projects.

BACKGROUND A total of nine Rule 20A undergrounding districts were formed in the early 1990’s, and six of those have been completed. Three remain to be completed in the near future. However, it should be noted that none of those involve designated major arterials.

POSSIBLE FUTURE ACTION The following statement was adopted at the PWC’s meeting on October 4, 2007 by a vote of 9-0-0. Rule 20A funds for undergrounding utility wires are raised from utility fees, which in turn are public funds. Moreover, they are extremely limited and meet only a fraction of the streets we might want to “underground.” The policy for distributing these funds and its implementation should, accordingly, maximize the benefit to the public. For the foreseeable future, streets shall be selected on the basis of meeting all three of the criteria that best reflect widespread and significant public use. These are:

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Underground Policy for Rule 20A Monies INFORMATION CALENDAR November 27, 2007

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1. Designation by the General Plan as a major arterial route; 2. Designation by the General Plan as an emergency access and evacuation route; 3. High traffic volume.

After all major arterial routes have been completed, collector routes meeting the other two criteria would become eligible. The criterion of vehicular use needs to depend on current traffic evaluation, prioritizing those streets most used over a significant percentage of their length. Planning shall be for a 5-year period within which we would maximize coordination with other street projects. The Public Works Department shall report to the PWC their draft of the 5-year plan, indicating how the designated streets meet all 3 criteria. The Department shall reevaluate that plan each year and report to PWC, with a clear explanation and justification of any changes, and shall extend the plan one year out, again indicating how the new streets meet the criteria. PWC after noticing (including noticing all property owners on eligible streets) and holding a public hearing, shall consider and recommend to Council the streets to be included in each 5-year plan. The convergence of these three criteria ensures that this policy confers a public good broadly. Therefore, 20A funds shall cover the cost of the entire project, both the publicly owned and privately owned portions. FISCAL IMPACTS OF POSSIBLE FUTURE ACTION There are no fiscal impacts to the City since these funds are allocated from ratepayer revenue of the utility companies. There are other costs that are assessed to the district participants, but these already exist and are unaffected by this approach.

CONTACT PERSON Jeffrey L. Egeberg, Manager of Engineering, Public Works Department, 981-6400

L a u r i e C a p i t e l l i

B e r k e l e y C i t y C o u n c i l D i s t r i c t 5

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981-7150 Fax: 510.981-7155 [email protected]

CONSENT CALENDAR May 6, 2008 To: Honorable Mayor and Members of the City Council From: Councilmember Laurie Capitelli Subject Notice of Public Parking Availability in the Downtown RECOMMENDATION Request the City Manager direct staff to 1. Develop signage to promote the availability of parking in the downtown for the general public, and 2. As a short-term measure, amend the BMC to allow garages with available parking to display ground (“sandwich board”) signs that indicate parking availability, placed at a location that does not obstruct the public right of way and, particularly, access for disabled people. FINANCIAL IMPLICATIONS Cost of signs and installation. BACKGROUND Because of recent development projects in the downtown, there is a current net decrease in parking opportunities. Appropriate signage that informs drivers as to where parking opportunities exist would assist drivers and hopefully reduce “searching” time and wasted fuel. Section T-34 C of the City’s General Plan suggests the following action item in regards to Downtown and Southside Parking Management: B. Improve signage and access to existing public parking, including UC lots open to the public, in the Downtown and in the Southside. Allowing garages with available parking to display ground signs in the short term (before permanent signage is developed) will educate drivers immediately about possibilities. CONTACT PERSON Councilmember Laurie Capitelli, District 5 981-7150

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Berkeley City Council

2180 Milvia Street, Berkeley, CA 94704

Consent Calendar May 6, 2008

To: Honorable Mayor and Members of the City Council

From: Councilmember Laurie Capitelli Councilmember Dona Spring Subject: City Sponsorship Of The North Shattuck Avenue Chocolate &

Chalk Art Festival RECOMMENDATION: That the City of Berkeley, in collaboration with the North Shattuck Association, cosponsor the Chocolate and Chalk Arts Festival to be held on North Shattuck Avenue on Saturday, May 31, 2008, from 10:00 a.m. to 5:00 p.m. BACKGROUND: The twelfth annual sidewalk Chalk Art Festival will be held on Saturday, May 31. The event, which is moving from Solano Avenue to North Shattuck, takes place from 10:00 am to 5:00 pm, and is free and open to anyone. Registrants are provided a space on the sidewalk in front of the stores of North Shattuck merchants to create a chalk drawing. The event includes a chocolate festival, which will include the tasting of chocolate within various businesses along the Avenue. Sidewalks will not be blocked. Event organizers will insure that pedestrians have appropriate access along the sidewalk during the event. Shattuck will be closed for vendors only in the Farmers’ Market area. FISCAL IMPLICATIONS: None. City co-sponsorship of the event will be limited to the use of the City’s name and logo on marketing materials. The North Shattuck Association will be responsible for all other fees and insurance. CONTACT: Laurie Capitelli, Councilmember District 5 981-7150 Dona Spring, Councilmember District 4 981-7140

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RESOLUTION NO. –N.S.

CO-SPONSORING THE CHOCOLATE AND CHALK ARTS FESTIVAL ON MAY 31, 2008 ON NORTH SHATTUCK AVENUE

WHEREAS, the twelfth annual Chocolate and Chalk Arts Festival will be held from 10:00 a.m. to 5:00 p.m. on Saturday, May 31, 2008 on North Shattuck Ave.; and WHEREAS, the festival is well-received and engages children, art students, merchants, seniors and other members of the community who have a desire to express themselves artistically on the sidewalks; and WHEREAS, the event includes a chocolate festival, which will include the tasting of chocolate within the various businesses along the avenue; and WHEREAS, the Chocolate and Chalk Arts Festival is moving to a new location on North Shattuck Avenue, and will showcase and celebrate one of Berkeley’s unique commercial districts. NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley hereby co-sponsors The Chocolate and Chalk Arts Festival, and The Chocolate and Chalk Arts Festival has permission to use the City’s name and logo in the event’s promotional materials and signage naming the City of Berkley as a co-sponsor solely for the purpose of the City indicating its policy endorsement of the event. BE IT FURTHER RESOLVED, that this co-sponsorship does not: (1) authorize financial support, whether in the form of fee waivers, a grant or provision of City services for free; (2) constitute the acceptance of any liability, management, or control on the part of the City for or over the Chocolate and Chalk Arts Festival; or (3) constitute regulatory approval of the Chocolate and Chalk Arts Festival.

Betty Olds Councilmember District 6

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-[XXXX] ● TDD: (510) 981-6903 ● Fax: (510) 981-[XXXX] E-Mail: [e-mail address]

CONSENT CALENDAR MAY, 6, 2008

To: Honorable Mayor and Members of the City Council From: Councilmember Betty Olds Subject: Final EIR Certification - Helios and Computational Research and Theory

Buildings

RECOMMENDATION Adopt a resolution to the Regents of the University of California requesting non-certification of the Final Environmental Impact Reports on the proposed 140,000 gross square foot Computational Research and Theory Building and the proposed 160,000 gross square foot Helios Building to be sited in the Strawberry Creek Watershed and Strawberry Canyon areas above and to the east of Memorial Stadium until such time as alternative sites, already zoned and currently available for such industrial research and development facilities, are fully studied.

FINANCIAL IMPLICATIONS None

BACKGROUND The Regents of the University of California will probably be considering in mid-May the Final Environmental Impact Reports for two major projects that are proposed to be constructed in the upper Strawberry Creek Watershed and Strawberry Canyon areas located above and to the east of Memorial Stadium. The two projects are:

1. The Computational Research and Theory Facility (CRT), a new building that would provide advanced computational equipment and office space in a 140,000 square foot building that would house 300 employees. The square footage for this building does not include access roads, parking and 9 cooling towers. Over time, the power requirement for the high performance computing program is projected to grow from the current electrical demand of 5 megawatts to as much as 17 megawatts; and

2. The Helios Energy Research Facility (Helios), a new research building focused on alternative and renewable energy sources. This 160,000 square foot building of laboratory, office and mechanical space and a 250-seat auditorium will house 500 employees. The facility will include the Energy Biosciences Institute, a partnership between UC Berkeley, Lawrence Berkeley National Laboratory (LBNL) and the University of Illinois. The square footage for this building does not include access road and parking.

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Final EIR Certification – Helios and Computational Research and Theory Buildings MAY, 6, 2008

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These proposed facilities are part of LBNL’s 2006 Long Range Development Plan that is to guide the Lab’s development until 2025. The Lab sits in the upper Strawberry Creek Watershed, including both Blackberry and Strawberry Canyon, a total of 202 acres located 15% within the city of Berkeley and 85% within the city of Oakland with accessibility predominately through Berkeley. As of 2006, LBNL has 107 buildings and 53 trailers and 3,014 employees, and 4,170 facility guests and visiting scientists annually for an adjusted daily population of 4,515. The adjusted daily population is projected in the 2006 LRDP to reach 5,375. The amount of gross square feet is projected in the 2006 LRDP to reach 2,420,000 by 2025. That is an increase of 612,000 new gross square feet and takes into account that 272,000 gross square feet will be demolished (and replaced) some time during this period. Five hundred new parking spaces are projected for a total of 2,800 on the hill. Citizens are becoming more aware of these proposed projects and are increasingly alarmed about the scale of the proposed development and its impacts on Strawberry Canyon. The area is subject to wildfires and landslides, and is close to the active Hayward Fault, now designated as the most dangerous fault in California. Among the many impacts that have been identified are: the removal of more than 44 Coast Live Oaks and more than 18 Coast Redwoods; a threat to Special-Status plant and animal species including the Alameda Whipsnake, Coopers Hawk, Allen’s Hummingbird, Great-horned Owl, and others; an increase to traffic on identified Berkeley streets that are significant to a level of impact that cannot be mitigated; air quality impacts that are above the level of significant; and reduction of designated Ecological Study Areas. The significance of Strawberry Canyon as a natural resource cannot be emphasized enough. As stated in a 1976 Garrett Eckbo Report:

The variety and rugged topography of Strawberry Canyon….has favored the establishment of a rich diversity of plant and animal life such that Strawberry Canyon today is one of the finest natural areas of comparable size in the Bay Area.” (Emphasis added to the Eckbo quote.)

Further, as written in a recent article by Joe Eaton in the Berkeley Daily Planet: Strawberry Canyon is not Terra Nullius. It’s home to birds of prey, migratory songbirds, bats, snakes, and tiny blind invertebrates that hide under rocks. Some of these species have protected state or federal status; others should. For all of them, and for anyone who cares about biodiversity, UC’s plans would mean an irreparable loss. (Emphasis added to newspaper article.) Importantly, the Canyon has a shared interface with valuable lands of the East Bay Regional Parks District to the east. Review of the 2006 LRDP EIR has led to two lawsuits. One of these lawsuits, California Sportsfishing Protection Alliance vs Steven Chu et al) is based on violations of the Clean Water Act, alleging contamination by LBNL of Strawberry Creek which flows into San Francisco Bay.


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The other lawsuit, Jones vs the Regents of the University of California, emphasizes the inadequacy of an analysis of alternative sites where these large, industrial type research and development facilities might be more appropriately located such as the Richmond Field Station and other currently vacant and appropriately zoned sites. The Richmond Field Station has identified 50 acres of their 152 acre site that are suitable for development and which would still allow much of the remainder to remain as valuable habitat areas, prairie grasslands, seasonal wetlands and tidal wetlands. As recently as 2002, the Richmond Field Station was being considered as the location for new university related research facilities (Richmond Field Station Working Paper, 2002). In addition, there are other sites located nearby that could and should be considered – they are available and the city of Richmond is eager to jump-start new research facilities as part of their “Green Corridor.” The Richmond Field Station and other appropriate sites are located only 6 miles from the core UC Berkeley campus, with easy freeway access, 15 minutes from Berkeley, a shuttle bus already runs from the campus to the Richmond Field Station, and graduate student housing is located nearby, in fact, it is more accessible to these sites than to the proposed Berkeley hillside site. These sites also allow bicycle access from the Bay Trail. On March 21, 2007, the city of Berkeley provided comments on the 2006 LBNL LRDP. The Mayor and members of the Council received copies of those comments. Among the city’s comments that were submitted by the City Manager follows: For unclear reasons, the DEIR concludes that development at the Richmond Field Station would have significant adverse aesthetic impacts equivalent to development on one of the most visible locations in the Bay Area with aesthetic and visual impacts affecting hundreds of thousands of people…..It is quite astonishing that the DEIR concludes that development at the off-site location would have similar impacts on geology and soils and on hazards and hazardous materials as development on the Hill. This may be due to the gross underestimation of the impacts of Hill site development as discussed earlier in these comments….There may be other issues associated with development near the Bay, but the analysis fails to adequately assess them because it failed in the first instance to fully evaluate the true impacts of development at the Hill location. While, as we said at the introduction to this comment letter, the City can understand why LBNL may wish to grow at its Hills campus location despite the impacts of doing so, it seems obvious to the City that an objective analysis would find that an off-site location would have considerably less impact on the environment than development in a steep hill area overlooking the Bay in a wildland fire hazard area immediately adjacent to an earthquake fault with very limited access. One of the key goals of CEQA is to allow decision makers to balance the environmental costs against potential over-riding considerations. That balancing cannot occur when a DEIR fails to provide adequate analysis of key impacts and alternatives.


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In conclusion, we believe that the DEIR contains a number of critical flaws that prevent an accurate evaluation of the potential impacts of the proposed 2006 LRDP. We are particularly concerned by the lack of an adequate evaluation of an off-site alternative. (Emphasis added to letter) Citizens intend to make a presentation at the Board of Regents meeting in May and will present the Berkeley’s resolution on the City’s behalf at that time. The Resolution requests non-certification of the two Final Environmental Impact Reports for: 1) the Computational Research and Theory Facility and 2) the Helios Energy Research Facility to be sited in the upper Strawberry Creek Watershed and Strawberry Canyon areas above and to the east of Memorial Stadium until such time as alternatives sites, already zoned and currently available for such industrial research and development facilities, are fully studied.

CONTACT PERSON

Councilmember Betty Olds Council District #6 510-981-7160

Attachments: 1: Resolution


NON- CERTIFICATION OF LBNL FINAL EIR

WHEREAS, Lawrence Berkeley National Laboratory (LBNL) has prepared a 2006 Long Range Development Plan that is to guide development until the year 2025; and WHEREAS, the city of Berkeley submitted comments on March 21, 2007 stating that the Draft Environment Impact Report on LBNL’s 2006 Long Range Development Plan contains a number of critical flaws that prevent an accurate evaluation of the potential impacts and expressed a particular concern over the lack of an adequate evaluation of off-site alternatives; and WHEREAS, Lawrence Berkeley National Laboratory now proposes to construct a 140,000 square foot Computational Research and Theory Facility and a 160,000 square foot Helios Energy Research Facility to be sited in the upper Strawberry Creek Watershed and Strawberry Canyon areas; and WHEREAS, the area in which these two proposed facilities are to be constructed is subject to wildfires and landslides and is close to the active Hayward Fault, now designated as the most dangerous fault in California, that further, among the many impacts that have been identified are the removal of more than 44 Coast Live Oaks and 18 Coast Redwoods, threats to several Special-Status plant and animal species, significant increases to traffic on Berkeley streets that rise to a level that cannot be mitigated, air quality impacts above the level of significance, reduction of Ecological Study Areas, all of which are impacts that do irreparable harm to an area that has been called one of the finest natural areas of comparable size in the Bay Area, and further such construction will disrupt the shared interface with valuable lands of the East Bay Regional Parks District to the east; and WHEREAS, since LBNL’s 2006 Long Range Development Plan focused new development to occur on the Laboratory’s hillside sites, alternative locations were not fully considered as sites for the Computational Research and Theory Facility and the Helios Energy Research Facility; and WHEREAS, there are credible alternative locations that are currently available and zoned for large-scale research and development facilities, including University of California owned land known as the Richmond Field Station adjacent to the city of Albany, and WHEREAS, fifty acres of the 152 acre Richmond Field Station are suitable for development allowing much of the remainder for valuable habitat areas, prairie grasslands, and seasonal and tidal wetlands and in addition, there are vacant and available nearby sites in the city of Richmond, all of which are within approximately 6 miles from the core University of California campus, have easy vehicle access from the freeway and bicycle access from the Bay Trail, and are also served by an existing shuttle bus to the UC-Berkeley campus and LBNL and are also closer to UC graduate student housing.

NOW, THEREFORE BE IT RESOLVED that the City of Berkeley hereby transmits this resolution to the Regents of the University of California requesting non-certification of two Final Environmental Impact Reports: 1) on the proposed 140,000 gross square foot Computational Research and Theory Facility and 2) on the proposed 160,000 gross square foot Helios Facility to be sited in the upper Strawberry Creek Watershed and Strawberry Canyon areas above and to the east of Memorial Stadium until such time as alternative sites, already zoned and currently available for such large-scale research and development facilities, are fully studied.

Betty Olds Councilmember District 6

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

CONSENT CALENDAR MAY 6, 2008

To: Honorable Mayor and Members of the City Council From: Councilmember Betty Olds Subject: Use of D-13 Account to support the Berkeley Public Education Foundation

RECOMMENDATION Vote to allow Councilmembers to use their office D-13 accounts to support the Berkeley Public Education Foundation by attending their Spring luncheon on May 16th when community members who have made outstanding contributions to our schools will be recognized.

FINANCIAL IMPLICATIONS Impacts individual D-13 accounts at $75 per person.

BACKGROUND The Berkeley Public Education Foundation was created by parents and community leaders to restore excellence in the Berkeley schools. Programs sponsored by the BPEF reach students in all 17 of Berkeley’s schools and include special classroom grants for unique projects as well as the Berkeley High Health Center, music programs and teacher resources.

CONTACT PERSON

Councilmember Betty Olds Council District 6 510-981-7160

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Kriss Worthington Councilmember, City of Berkeley, District 7 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 PHONE 510-981-7170 FAX 510-981-7177 [email protected]


To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington Subject: Letter to U.S. Forest Service Chief Opposing Logging in Giant Sequoia National Monument

RECOMMENDATION: Adopt a motion to send a letter to United States Forest Service Chief Abigail Kimbell asking her department to change its plans allowing commercial logging within the boundaries of the Giant Sequoia National Monument.

BACKGROUND: On April 15, 2000, President Bill Clinton issued a proclamation establishing the Giant Sequoia National Monument. The Monument includes 38 groves of Sequoia trees, which is roughly two-thirds of all Sequoia redwoods in the world. It also includes one of the ten largest Giant Sequoias in the world, the Boole Tree, which is 269 feet tall. The proclamation also stated that not only are the Giant Sequoia groves protected but the entire ecosystem within the Monument boundaries is also protected. The forests provide an important habitat for the California spotted owl, Pacific fisher, and other plants and animals. The Presidential proclamation also stated that the forest needed to be restored from the effects of fire suppression and lodging and that trees may be removed only for ecological restoration or public safety. Nevertheless, in December 2004, the Bush administration reversed the standing policy of prohibiting commercial logging in the forest and finalized plans allowing for 7.5 million board feet of timber to removed annually from the Monument, which is enough to fill 1,500 logging trucks each year. A number of environmental organizations including the Sierra Club, Earth Island Institute, Sierra Nevada Forest Protection Campaign and Center for Biological Diversity challenged the Bush Administration’s decision in court. In response to the lawsuit, a federal judge ruled in August 2006 that the Bush Administration’s proposal violated environmental laws and stopped the logging plan pending further study. The U.S. Forest Service has been developing a management plan as required under federal law and recently released a draft Environmental Impact Statement on the plan. As the logging proposal is still being considered by the federal government it is important that the City of Berkeley join other organizations in opposing commercial logging in the Giant Sequoia National Monument and urge the federal government to adopt measures to protect the priceless forest of Sequoia trees. FINANCIAL IMPLICATIONS: NONE CONTACT PERSON: Kriss Worthington, Councilmember, District 7 981-7170.

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Gordon Wozniak Councilmember District 8

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7180 ● TDD: (510) 981-6903 ● Fax: (510) 981-7188 E-mail: [email protected]


To: Honorable Mayor and Members of the City Council From: Councilmember Gordon Wozniak

& Councilmember Betty Olds

Subject: Budget Referral: Youth Musical Theater Company of Berkeley

RECOMMENDATION Refer the following to the budget process: A one-time request for $10,000 for the Youth Musical Theater Company of Berkeley to fund scholarships for Berkeley youth and an outreach program to Berkeley middle schools. FISCAL IMPLICATIONS $10,000 BACKGROUND Youth Musical Theater Company (YMTC) of Berkeley is a small non-profit organization that is currently experiencing a tremendous growth spurt. Their current annual operating budget is about $90,000K and they serve about 100 kids with year-round programming. The demand for the kind of theatrical training and opportunities that YMTC provides to kids and their families is tremendous. The YMTC would like to build on their success and expand their program to serve a larger, more racially and economically diverse community of kids. Currently, the YMTC produces two fully mounted productions a year with competitive audition processes. In addition, they offer two different singer/actor workshops that are open to anyone. They are very eager to add more workshops throughout the year because they are effective at reaching a broad range of students and prepare kids for the auditions. The YMTC has professional artists ready and willing to teach motivated students the myriad of skills involved in this exciting and difficult art form. They would like to reach out to more students who are beginning to be interested in the theater and who would not otherwise be able to afford their programs. The cost of teacher’s and director’s stipends, space rental and administrative overhead are high so YMTC depends heavily on tuition to fund programs. The high costs associated with running a program of this nature keeps YMTC from reaching out to more students in economic need. Currently, they have a small tuition assistance program in place but it is constrained due to funding.

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Budget Referral: Youth Musical Theater Company of Berkeley CONSENT CALENDAR May 6, 2008

The directors of YMTC strongly believe that when young people are challenged to sharpen the primary tools of the actor – the voice, the body, the intellect, and the imagination in new and rigorous ways, they learn more than the craft of the theater. They learn confidence, empathy, responsibility, the capacity to imagine and the skills to participate fully in a collaborative process. A onetime $10,000 grant from the city of Berkeley would enable the YMTC to expand their outreach plans. With additional funding they could double their existing scholarship fund for the 2008-2009 season; visit at least three local Berkeley middle schools this fall, with a performance demonstration, and a small informational talk about their programs; more affectively network with other local youth arts organizations like the Young Musicians Program of Berkeley; and add an additional after school workshop in the winter of 2009 that would offer more opportunities for young people who are new to their programs, and/or new to musical theater. CONTACT PERSON Councilmember Gordon Wozniak Council District 8 981-7180 Councilmember Betty Olds Council District 6 981-7160

Linda Maio Councilmember District 1

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● TDD: (510) 981-6903 ● Fax: (510) 981-7111 E-Mail: [email protected]

ACTION CALENDAR April 22, 2008

To: Honorable Mayor and Members of the City Council From: Councilmembers Linda Maio, Darryl Moore, and Dona Spring Subject: Revised Light Brown Apple Moth Resolution

RECOMMENDATION Adopt the following revised Light Brown Apple Moth (LBAM) resolution.

FINANCIAL IMPLICATIONS None

BACKGROUND When Council passed its resolution on the Light Brown Apple Moth, it did not also pass Councilmember Spring's language because it needed revision. What follows is revised language that incorporates corrections and updated information. Since Councilmember Spring's language gave a good deal of background information that was pertinent to our decision, the request is that we pass the updated language to provide additional information on our intent in opposing the LBAM.

CONTACT PERSONS

Councilmember Linda Maio Council District 1 510-981-7110 Councilmember Darryl Moore Council District 2 510-981-7120 Councilmember Dona Spring Council District 4 510-981-7140

Attachments: 1: Resolution

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RESOLUTION OPPOSING THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE’S AERIAL SPRAY PROGRAM TO ERADICATE THE LIGHT BROWN APPLE MOTH WHEREAS, the Light Brown Apple Moth (LBAM) is a pest subject to Federal and State quarantine and eradication orders; and WHEREAS, there is a continued presence of Light Brown Apple Moths III Alameda County albeit at a fairly low level; and WHEREAS, the California Department of Food and Agriculture (CDFA) plans to begin an LBAM aerial spraying program in Alameda County and surrounding areas in August, 2008, before an Environmental Impact Report is done; and WHEREAS, the State has acquired an emergency exemption from the California Environmental Quality Act (CEQA) in order to begin the LBAM aerial spraying program well before conducting environmental review; and WHEREAS, the City of Berkeley embraces the Precautionary Principle (Municipal Code Section 12.29) the purpose of which is to promote the health, safety, and general welfare of the community by minimizing health risks, and WHEREAS, the Precautionary Principle applies to existing City policies, including the Integrated Pest Management Policy (Resolution No. 62,693-N.S., 2004 and Resolution No. 54,319- N.S., 1988), and WHEREAS, the City's Integrated Pest Management Policy (Resolution No. 54,319-N.S., 1988) explicitly prohibits the use of any pesticide that is determined to show evidence of the causation of cancer, birth defects, mutations, or other severe chronic health effects, WHEREAS, the City of Berkeley Park and Recreation Master Plan commits the city to "a pest management policy that favors the use of organic or natural methods" and "a thorough and public process" to "consider the careful and limited use of chemicals of the least toxic nature”; and limited use of chemicals of the least toxic nature"'; and WHEREAS, least-toxic control options are available for LBAM, including physical and cultural practices such as clean-up of plant debris where moth larvae over-winter; the use of natural predators, parasites, and insect diseases; introduction of sterile male moths; and trapping. WHEREAS, aerial and other blanket pesticide applications have repeatedly been shown

in the past to upset natural ecosystem balance in unpredictable and often catastrophic ways including unintended health effects; and WHEREAS, biologists have testified that the range over which LBAM has been detected in California indicates that LBAM has been established in the state for some time; and WHEREAS, CDFA has stated that no physical crop damage has been attributed to LBAM, and; WHEREAS, the State has not made the case that the threat of the LBAM warrants aerial spraying and has not conducted adequate review and analysis to address health concerns from aerial spraying, and has not employed independent outside experts to evaluate and support the program or and address issues in a direct and impartial manner; and WHEREAS, the CDFA LBAM spraying program has used pesticides that an independent toxicologist's review has stated have not been tested for long-term human toxicity; and WHEREAS, the CDFA LBAM program sprays pesticides in microscopic plastic capsules that introduce potential risks to human health, and WHEREAS, the United State Department of Agriculture (USDA) maintains that the pheromone pesticide poses only "minimal risk to human health," but acknowledges that it is considered a "slight to moderate dermal irritant" and does present some very low toxicity" [see Treatment Program for Light Brown Apple Moth in Santa Cruz and Northern Monterey Counties, California (September 2007) pages 10-121 ; and WHEREAS, the USDA states that its risk assessment assumes that the rate of exposure will be insignificant, with no dietary exposure from food and just a minimal amount of incidental exposure from drinking water or swimming [see Treatment Program for Light Brown Apple Moth in Santa Cruz and Northern Monterey Counties, California (September 2007) pages 10-121 ; and WHEREAS, aerial spraying is indiscriminate and affects vulnerable populations such as those who work and play outdoors, those with the recognized disability multiple chemical sensitivity, and those in the homeless population who have no option for protection from the spray or receipt of written notification of spray dates; and WHEREAS, one of the previously sprayed pesticides (Checkmate LBAM-F), includes chemicals that are known carcinogens, mutagens (cause cell mutation), reproductive effectors, liver toxins, dermal irritants, and substances that should not be inhaled, according to the National Institute of Occupational Heath and Safety (NIOSH) database and the Material Safety Data Sheets issued for the chemicals by the manufacturers

WHEREAS, LBAM aerial spraying in the Santa Cruz and Monterey areas resulted in the spraying of numerous residents and pets; and WHEREAS, hundreds of reports of health effects were reported following the LBAM aerial spraying in Santa Cruz and Monterey counties and other environmental impacts were reported following the LBAM aerial spraying in the Monterey and Santa Cruz areas; and NOW, THEREFORE, BE IT RESOLVED AND RESOLVE that: 1. the City of Berkeley strongly protests the proposed spraying of chemical pesticides by the CDFA that are in direct violation of the laws of the City and its duty to protect its residents. 2. Berkeley City Council request the City Manager to contact all relevant state officials and CDFA to let the State know that the city opposes spraying for Light Brown Apple moths, and 3. that the city of Berkeley intends to pursue court action to stop the aerial spraying in the East Bay area in conjunction with other jurisdictions. 4. the City of Berkeley Requests that CDFA shift its focus to informing the USDA regarding the lack of crop damage done by LBAM, the need to use least-toxic control methods that do not expose populated areas to aerial spraying, and the need to appropriately grade the pest classification of LBAM to reflect of the true risk it poses. 5. the City of Berkeley supports the introduction and passage of state legislation requiring explicit consent of affected residents before any aerial spraying can be implemented.

Kriss Worthington Councilmember, City of Berkeley, District 7 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 PHONE 510-981-7170 FAX 510-981-7177 [email protected]

CONSENT CALENDAR March 25, 2008

To: Honorable Mayor and Members of the City Council From: Councilmember Kriss Worthington Subject: Resolution in support of a Global Marshall Plan for Universal Wellbeing, Security and

Environmental Survival RECOMMENDATION: That the Berkeley City Council adopt a resolution in support of a Global Marshall Plan for Universal Wellbeing, Security and Environmental Survival. BACKGROUND: From Network of Spiritual Progressives website: www.spiritualprogressives.org: At the Network of Spiritual Progressives, we believe that generosity and genuine caring for other people is a more effective and ethical approach to human security than military aggression or other, “softer” means of using U.S. power to serve our own interests. A strategy of generosity requires that we reconnect with the human capacity to recognize the other as an embodiment of the sacred, or, in secular language, as fundamentally valuable for who they are rather than what they can do for us. The bonds of genuine care among human beings can and must be fostered by our public policies. The Global Marshall Plan is a public policy proposal for bringing about a safe, sustainable, compassionate world by working together as a community of nations to • completely eliminate poverty once and for all • solve the environmental crisis that threatens the existence of life on the planet We propose that the United States lead the G8 nations in dedicating 1-2% of our gross domestic product every year for the next ten years to these goals. Funds would be administered through a nongovernmental body convened explicitly for this purpose, and all funded programs will be • environmentally sustainable • respectful of native cultures and empowering of local people • designed to embody and foster love, caring, kindness, generosity, nonviolence, ethical and environmental sensitivity, and the ability to respond to the universe with awe and wonder The Global Marshall Plan we support will be transparently built around an ethical vision of a world in which generosity and caring for others is valued because it is right, not only because it is smart and effective in protecting the United States. FINANCIAL IMPLICATIONS: NONE CONTACT PERSON: Councilmember Kriss Worthington, 981-7170.

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RESOLUTION IN SUPPORT OF A GLOBAL MARSHALL PLAN FOR UNIVERSAL WELLBEING, SECURITY AND ENVIRONMENTAL SURVIVAL

WHEREAS, the city of Berkeley cares about the security and well-being of all human beings around the world; and WHEREAS, the unbridled pursuit of narrow self-interest, both through military tactics and through economic means, has contributed to widespread poverty and environmental degradation and bred anti-American sentiment in other parts of the world; and WHEREAS, standing in solidarity with all of the peoples of the world and actively caring for each other is a more effective means to achieve long-term security and survival than is violence and militarism; and WHEREAS, the Global Marshall Plan for Universal Well-Being, Security, and Environmental Survival will call for • Dedication of least 1-2% of the gross domestic product of the G-8 nations, starting with the United States as a leader by example, every year for the next 20 years to eliminating global poverty, homelessness, and hunger; to improving education and health care; and to restoring the global environment; this funding would be generated through a peace dividend and a 1% tax in international financial transactions; • Creation of an international, unbiased, nongovernmental board, composed of recognized human rights, social justice, spiritual, religious, and cultural elders, for receiving the funds (including both foreign aid and alternative sources of financing) and distributing them in a way that is environmentally sensitive, respectful of native cultures, safeguarded against corruption, protected from manipulation to serve elite interests, and empowering of the people in each region; • Revision of trade agreements in which the U.S. is currently involved so that they no longer privilege the most powerful and economically successful Western countries and the elites of other countries at the expense of the poor of the world and so that they protect farmers at home and abroad; and so that they support working people in organizing, receiving a living wage, and working under adequate safety and health conditions and environmental safeguards; • Hands-on involvement from peoples of the Western world, starting with the United States, through a greatly expanded peace and justice corps open to people of all ages and compensating them with college tuition and room and board or generous stipends; • Training armies of the world to become experts in ecologically sensitive construction of those aspects of their own societies that need relief and reconstruction, including agriculture, health care, housing, infrastructure, education, and appropriate technology; and

• Worldwide training in techniques of nonviolent communication, respect for cultural and other diversity, environmental sustainability, family and parental support, stress reduction, emergency health techniques, diet and exercise, and caring for others who are in need of help. WHEREAS, the enactment of a Global Marshall Plan will benefit the City of Berkeley by holding generosity and caring as organizing principles for American society, which will change the tone of the society; and WHEREAS, the enactment of a Global Marshall Plan will benefit the City of Berkeley by eventually redirecting funds from war and defense to programs to eliminate domestic poverty and thus by eliminating a root cause of violence in our community; and WHEREAS, the enactment of a Global Marshall Plan will benefit the City of Berkeley by eventually reducing federal spending on the military budget, which is currently $439 billion, thereby redirecting funds to the states and cities and assisting in the balancing of our City budget; and WHEREAS, the enactment of a Global Marshall Plan will benefit the City of Berkeley by encouraging individuals to express their innate tendencies toward generosity and caring rather than those toward domination and control, thereby strengthening human relationships and creating a stronger City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports the enactment of a Global Marshall Plan for Universal Well-Being, Security, and Environmental Survival in a spirit of humility and with great sensitivity to cultural differences and environmental sustainability; and BE IT FURTHER RESOLVED that the Council urges Representative Barbara Lee to become an advocate for the Global Marshall Plan for Universal Well-Being, Security, and Environmental Survival in the United States Congress.

Gordon Wozniak Councilmember District 8

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7180 ● TDD: (510) 981-6903 ● Fax: (510) 981-7188 E-mail: [email protected]

ACTION CALENDAR April 22, 2008

To: Honorable Mayor and Members of the City Council From: Councilmember Gordon Wozniak

Subject: Extension of the Transfer Tax Seismic Exemption to Include a “Green” Exemption for Major Energy Efficiency and Solar Improvements

RECOMMENDATION Refer to the City Manager a request to develop a ballot measure for the November 2008 election. This measure should provide incentives for Berkeley residents to attain the City’s ambitious Measure G goals of decreasing greenhouse gas emissions by extending the seismic exemption of the Transfer Tax to include a “green” exemption for major energy efficiency and solar improvements. Issues to be considered are: 1) should this “green” exemption apply to all structures (residential as well as commercial & industrial) or only residential structures, 2) what kind of energy improvements should qualify for a “green” exemption and 3) should alternate sources of energy, such as photovoltaic, qualify.

FISCAL IMPACTS OF RECOMMENDATION If approved by the voters, this action would not change the amount that a new owner could deduct from his or her transfer tax, 0.5% of the sale price, but would broaden the allowed seismic exemption to include energy efficiency and solar improvements that would result in a substantial percentage decrease in greenhouse gas emissions associated with a structure. However, since not all new owners take advantage of the existing seismic exemption and the proposed extension will increase the number of exemptions, there will be a loss of revenue to the General Fund, e.g. where owners do not currently claim a seismic exemption.

CURRENT SITUATION AND ITS EFFECTS Currently, the citizens of Berkeley have committed to reduce their greenhouse gas emission by 80% over the next 40 years. According the to the City’s Draft Climate Action Plan, 26% and 27% of Berkeley’s greenhouse gas emissions come from the residential and commercial/industrial sectors, respectively. To reduce the carbon footprint in these sectors, buildings have to be made substantially more energy efficient and/or incorporate sources of alternative energy, such as photovoltaic.

To encourage property owners to make the required investments to reduce their carbon dioxide emissions, it is important to have an incentive program. This proposed program

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Extension of the Transfer Tax Seismic Exemption to Include a “Green” ACTION CALENDAR Exemption for Major Energy Efficiency and Solar Improvements April 22, 2008

would be modeled on Berkeley’s very successful seismic retrofit program, called the “Transfer Tax Reductions for Qualifying Seismic Work,” which has resulted in seismic upgrades to two-thirds of Berkeley’s residential properties during the last sixteen years. Currently the new owners are allowed to exempt a portion (0.5% of sales price) of the transfer tax, due when a property is purchased, for qualifying seismic work. As a result, Berkeley has the largest percentage of structures that have been seismically upgraded in the State and is a considered a model program.

Because most residential structures have been seismically upgraded at least once, it is timely to extend this successful program to include incentives to reduce greenhouse gas emissions when remodeling is most likely to occur, at the sale of the property to a new owner. Berkeley experiences an annual residential turnover rate of approximately 5 %. Thus, over a ten-year period such a program has the potential to enable 50% of residential properties to become more energy efficient. Commercial and industrial properties turn over at a lower rate.

Allowing Measure G incentives to be exempted from the Transfer Tax would not preclude existing seismic retrofitting options, but would allow a new owner to apply for one or both exemptions, at their discretion. To qualify for a “green” rebate, the proposed improvements would have to meet energy efficiency or energy reduction standards that would be developed by City staff.

RATIONALE FOR RECOMMENDATION To meet the City’s Measure G goals of reduced energy use associated with buildings, it is important to provide incentives to property owners to make the required capital improvements. Since many properties have already been seismically upgraded and may have no qualifying options that would qualify under the existing Transfer Tax seismic exemption, adding a “green” exemption would provide property owners a source of funds to help meet their Measure G obligations without raising the transfer tax.

ALTERNATIVE ACTIONS CONSIDERED Continue with current policy, which only allows seismic improvements to be deducted from the transfer tax.

CONTACT PERSON Jan Collins, 981-7180 Councilmember Gordon Wozniak, 981-7180



INFORMATION CALENDAR May 6, 2008



Subject: Mental Health Commission Annual Report 2007

INTRODUCTION The purpose of this report is to inform the Council of the activities undertaken by the Mental Health Commission in 2007. Attachment 1 provides a summary of those activities.

CURRENT SITUATION AND ITS EFFECTS During the April 14, 2007 Annual Retreat, the Mental Health Commission (MHC) established priorities for the coming year which included taking a more active role with City Council. To address those priorities, a new subcommittee structure was reaffirmed to include the following subcommittees: Clinical Protocols, Youth, Executive, Budget, and Recruitment & Selection. BACKGROUND The MHC is required by state law and is advisory to the City Councils of Berkeley and Albany. The duties and responsibilities of local mental health boards and commissions are statutorily defined in the state Welfare and Institutions (W&I) Code. W&I Code Section 5604 requires the appointment of mental health clients and family members to mental health commissions and emphasizes the role of commissions in the review and planning of local mental health programs. With the influx of Mental Health Services Act monies, the MHC has been an active participant in planning and review of Berkeley and Albany mental health services.

POSSIBLE FUTURE ACTION None.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION None.

CONTACT PERSON Allan Maris, Chair, Mental Health Commission, 510-526-7032 Carol Patterson, Secretary, Mental Health Commission, 510-981-5217

Attachments: 1: Mental Health Commission Annual Report 2007

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ATTACHMENT 1

Mental Health Commission Annual Report 2007 During the April 14, 2007 Annual Retreat, the Mental Health Commission established priorities for the coming year which included taking a more active role with City Council. To address those priorities, a new subcommittee structure was reaffirmed to include the following subcommittees: Clinical Protocols, Youth, Executive, Budget, and Recruitment & Selection. COMMITTEES Budget Subcommittee – the Commission increased its awareness of the Mental Health Division budget short falls and the AB2034 cut and how they impact services. While the Division will be receiving $925K in one time funds, the funds are intended to close out the AB2034 program that had been successful in helping clients remain housed and staying out of the hospital and jail. The Division also received a $333K supplement to the Mental Health Services Act (MHSA) Community Supports and Services contract with the State. Protocols Subcommittee - continued discussions about Informed Consent, and provided direction for the Consumer-Psychiatrist meetings. Executive Subcommittee - created the agendas for the Commission meetings, and was responsible for the efficiency of the Commission’s monthly meeting. Recruitment and Selection Subcommittee - previously identified priorities of recruiting youth, Albany family member or consumer, Latino/as, Asian/Pacific Islanders, and possibly other ethnicities. They discussed outreach in the community through personal contacts, agencies, schools, and the Family, Youth and Children (FYC) Program; and recruited three candidates who have been appointed to the Commission. The Subcommittee is striving for further diversity so the Commission can have more voices from different perspectives/life experiences to provide more accurate advocacy from Berkeley Mental Health’s clientele. In the future we expect activity on this Subcommittee to recruit new members and enhance our cultural diversity. Youth Subcommittee - provided a quarterly forum for staff and Commissioners to meet and exchange information about the growing programs being offered at the FYC Program.

PARTNERSHIPS Through its May is Mental Health Month, the Mental Health Commission increased awareness of mental health issues and forged partnerships with BOSS (Building Opportunities for Self-Sufficiency) through boona cheema. As partners in the MHSA Planning Process, Mental Health Commissioners were active on the MHSA Steering Committee and were provided with regular updates from the Manager of the Mental Health Division. The Transitions to Independence Program for Transition Age Youth (TAY-TIP) has begun providing services under a MHSA contract with Alameda County. Also a wrap-around program was started under MHSA. Mental health services in Albany schools completed a school year providing peer counseling and a buddy system to students. Attempts are made to involve parents in their children’s educational and mental health needs. The Mental Health Commission hosted a public hearing on Berkeley’s MHSA Progress Report. Members of the Commission were active on the Wellness Recovery Task Force and offered input on transforming Berkeley Mental Health to a recovery-oriented system, the development of the new Client Care Plan, and on Money Management services. Members attended the Continuous Quality Improvement Committee (CQIC), which developed a policy for conducting 5150 (Civil Commitment) at the Adult Clinic. The CQIC is currently refocusing on a new topic. Commissioners participated in a meeting with Cultural Competence consultants who are advising Berkeley Mental Health on it’s strategic plan. At the request of the Peace and Justice Commission, the Mental Health Commission identified Commissioners to serve as liaisons to the Peace and Justice Commission. Amy Davidson of the Berkeley Housing Department made a presentation to the Commission about the MHSA Housing Advisory Board, and the Commission identified a member to sit on the Board. Liaisons were established with the Homeless Commission and the Alameda County Mental Health Board. Commissioners were active in the Mental Health Town hall meetings held at the Adult Clinic to promote a sense of community among staff and consumers at the Clinic.

PROJECTS Crisis Intervention Training The Commission submitted an Information Report and a budget request to Council outlining the need for Crisis Intervention Training (CIT) for Berkeley police officers. Planning began for a CIT Task Force to review existing CIT curricula and develop one tailored to the needs of Berkeley. The first meeting was held in November 2007. Approval of the Performance Contract The Commissioners had a presentation about the Performance Contract and recommended that City Council approve the contract. 2006 Annual Report was submitted to Council Adult Clinic Safety The Commission received reports of fires and vandalism at the Adult Clinic, and provided input regarding the proposed use of a security video camera to film the outside of the Clinic. Albany Membership on the Mental Health Commission The Commission has been looking at updating the Resolution that empowers the Commission, how commissioners are appointed, and how the City of Albany can be involved in selecting commissioners representing the City of Albany. Public Commons for Everyone Initiative (PCEI) Lauren Lempert, PCEI consultant, made a presentation to the Commission on the proposed ideas in PCEI and obtained Commissioners’ input. Many Commissioners attended the Town Hall given on this topic. Ms. Lempert then returned to the Commission to report on the proposal that went before Council. EDUCATIONAL PRESENTATIONS Presentations on the MHSA Housing Program, Alameda County MHSA Prevention and Early Intervention Planning, and the FYC Program were given to the Commission at their regular monthly meetings. The Mental Health Commission presented an Informational Report to City Council on the need for Crisis Intervention Training for Police.

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CITY CLERK DEPARTMENT 2008 UPCOMING CITY COUNCIL WORKSHOPS AND STANDING ITEMS

COUNCIL WORKSHOPS: May 20, 2008 6:00 p.m. Undergrounding

ONGOING REPORTS TO COUNCIL FREQUENCY

Crime Reports (7/19/05/2/21/06) 2nd meeting – Jan/April/July/October

Bids & Contracts (7/19/05) Quarterly

Library Issues (11/15/05) Quarterly

Audit: Follow-up Cash Receipts/Cash Handling (5/16/06)

Annually

Economic Development Reports (9/19/06) 1st meeting – Jan/April/July/October

Sustainability Workshop/Update Annual

Employee Safety & Workers Compensation Update

Quarterly

Investments Report Quarterly

Audit recommendation – Sports field Users (Parks)

Semi-Annual

2-1-1 Phone Service (Social Services Hotline) (9/11/07)

Quarterly

1/29/08

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berkeley city council agenda committee regular … · 28/04/2008 · • addition of time critical...

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