City Clerk
City Clerk

Special Meeting eAgenda
July 23
, 2009

Printer-friendly PDF* agenda  

 

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

Note: 

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

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 REVISED PROCLAMATION
 
CALLING A SPECIAL MEETING OF THE
 
BERKELEY CITY COUNCIL
 
1. Move Item 15, 2525 Telegraph Avenue/2512 Regent Street – Certify LPC Action For Review, to Appeals Heading, Item 9.1
2. Add Appeal filed on July 20, 2009 to Item 7, ZAB-LPC Certification: 740 Heinz Avenue.
3. Add Item 18:   Update on State Budget and Impacts on City of Berkeley - See note under Item 18 regarding adding this item to the Agenda.
 
 
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:
 
THURSDAY, JULY 23, 2009
 
5:00 P.M.

Note: Due to a clerical error, the July 23, 2009 meeting was inadvertently referred to as a “regular meeting” when it was approved by Council on July 7, 2009.  This notice hereby cancels the regular meeting and also hereby calls for a special meeting to commence at 5:00 p.m. on July 23, 2009. 

 
Council Chambers, 2134 Martin Luther King Jr. Way 
Teleconference Location – #11 Sparkling Sands, Yachats, OR  97498
 
Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.   Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Deanna Despain, 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.


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.

From: Housing Advisory Commission
Recommendation: Approve a Resolution reserving funds in the amount of $400,000, with conditions, from the Housing Trust Fund to Resources for Community Development (RCD) for Erna P. Harris Court and authorizing the City Manager to modify the existing Housing Trust Fund (HTF) loan terms and to execute a loan agreement and any amendments and all other documents related to this fund reservation. 
Financial Implications: 
Contact: Kristen Lee, Commission Secretary, 981-5400
 
From: City Manager
Recommendation: Request that the City Council: 1) Certify the Zoning Adjustments Board’s (ZAB) action regarding Use Permit #09-10000031, for the project at 2109 Martin Luther King, Jr. Way, for review by the Council, and 2) Set a public hearing for this item on the Council’s September 22, 2009 agenda.
Fiscal Impact: None
Contact: Dan Marks, Planning and Development, 981-7400
 
Consent Calendar – Council Items
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving city co-sponsorship of the Downtown Berkeley MusicFest to be held from August 27-30, 2009, and refer a request for $2,500 to help support the festival to the City Manager. 
Fiscal Impact: $2,500
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution approving city sponsorship of the 2009 Sit for Change Sit-A-Thon to be held at the Martin Luther King Jr. Civic Center Park on Saturday, September 19, 2009.
Fiscal Impact: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: Councilmembers Wozniak and Worthington
Recommendation: Approve City of Berkeley sponsorship of the 2009 US Tennis Association Girls’ 18 National Championships.
Fiscal Impact: None
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
 
From: Councilmember Wozniak
Recommendation: Adopt a Resolution to approve the expenditure of $500 to the Berkeley Tennis Club Foundation with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget.
Fiscal Impact: $500
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
 
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.
 
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion adopt a Resolution approving Use Permit and Variance No. 05-10000017 and Demolition Permit No. 05-10000019 to allow the demolition of the existing single-story, 10,000 square foot City of Berkeley Landmark (the former Copra Warehouse) to construct a 92,000 square foot building for research and development laboratory, warehousing and a 49-space sub-surface garage.
Fiscal Impact: None
Contact: Contact: Dan Marks, Planning and Development, 981-7400

b.     Appeal
1.  Rosilene Mussi

 
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion adopt a Resolution approving Use Permit #08-10000127 to demolish an existing seven unit apartment building and to construct a new 16 unit, four story mixed-use development for transition-age youth.
Fiscal Impact: None
Contact: Contact: Dan Marks, Planning and Development, 981-7400
 
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution approving Use Permit Modification No. 09-70000010 to construct the approved project at 1200 Ashby Avenue as an affordable senior housing development and denying the appeal.
Fiscal Impact: None
Contact: Contact: Dan Marks, Planning and Development, 981-7400
 
b. Communication
1.  Stephen Wollmer
 

9.1   2525 Telegraph Avenue/2512 Regent Street – Certify LPC Action For Review (PDF)
      
 Supplemental materials (PDF) 

From: City Manager
Recommendation: 1) Certify the Landmark Preservation Commission’s (LPC) designation of 2525 Telegraph/2512 Regent Street as a City of Berkeley Landmark (LM #09-40000004), for review by the Council, and 2) Choose among the three options for action.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

 b.  Appeal
1.  Ali Eslami

 
Action Calendar – Old Business
 
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.
 
From: City Manager
Recommendation: Adopt a Resolution authorizing the installation of a full traffic barrier on Berkeley Way, west of Martin Luther King, Jr. Way, to be designed, constructed, and fully funded by 1950 MLK LLC, the project’s owner.
Financial Implications: No City Funds.
Contact: Claudette Ford, Public Works, 981-6300
 
From: Councilmember Arreguin
Recommendation: Refer to the City Manager the naming of the Eastshore Pedestrian Overcrossing ("I-80 bridge") in honor of former Councilmember Dona Spring.
Financial Implications: Unknown
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing and reenacting Chapter 9.32 of the Berkeley Municipal Code (BMC).
Financial Implications: None
Contact: Zach Cowan, City Attorney's Office, 981-6950
 
From: Councilmembers Capitelli, Wengraf and Anderson
Recommendation: Referral to the City Manager:
1.   Propose a revision to BMC 16.18 that would streamline and simplify the granting of encroachment permits for residential properties under certain circumstances, excluding the city right of ways designated as pathways;
2.   Make enforcement of minor encroachments into the public right of way a low enforcement priority for City staff, with the exception of safety hazards, such as but not limited to sight-line impairments and ADA accessibility until new regulations are developed for approval of encroachment permits (as discussed in this item) and
3.   Insure that the Public Works Commission and any other appropriate commissions review any such regulations.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
 
From: Councilmember Arreguin
Recommendation: Adopt a Resolution supporting Senate Constitutional Amendment (SCA) 21, authored by State Senators Leland Yee and Roy Ashburn, to amend the state constitution to remove the autonomy of the UC Regents from legislative authority helping bring greater transparency and accountability to the UC system.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140
 
15.  **Moved to Appeals Heading – Item 9.1**2525 Telegraph Avenue/2512 Regent Street – Certify LPC Action For Review
 
Action Calendar – New Business
 
From: City Manager
Recommendation: Adopt a Resolution approving a fund reservation in the amount of $500,000 in local Mental Health Services Act (MHSA) Community Services and Supports (CSS) one-time funds for the Harmon Gardens development at 3240 Sacramento Street. The Resolution authorizes the City Manager to execute a loan agreement and any amendments and commit the $500,000 amount only after federal environmental review requirements are met.  In addition, approve submitting Affordable Housing Associates’ application to the California Housing Finance Agency and the Department of Mental Health for an additional $500,000 in Mental Health Services Act Housing Program Funding.  In order to complete the application, authorize the City Manager to execute a Memorandum of Understanding with Affordable Housing Associates for the operations of the completed property and certain certifications required by the State.
Financial Implications: None
Contact: Fred Medrano, Heath and Human Services, 981-5100
 
17.  Housing Trust Fund Recommendations
Recommendation: Approve fund reservations from the Housing Trust Fund account to Affordable Housing Associates (AHA) in the amount of $400,000 for the development of Harmon Gardens and to Resources for Community Development (RCD) in the amount of $90,259 for physical upgrades to Regent House.
Financial Implications: 
Contact: Kristen Lee, Commission Secretary, 981-5400
 
Recommendation: Adopt the Housing Advisory Commission’s recommendations for fund reservations to Affordable Housing Associates (AHA) in the amount of $400,000 for the Harmon Gardens project and to Resources for Community Development (RCD) in the amount of $90, 259 for Regent House from the Housing Trust Fund as set forth in the Housing Advisory Commision (HAC) report on this same agenda.  See report
Financial Implications: 
Contact: Jane Micallef, Housing and community Services, 981-5400
 
Recommendation: Increase housing trust funds by 1.4 million and reserving funding for Ashby Arts affordable senior housing. Provide $1,381,450 from Housing Trust Fund and other sources to provide 98 units of permanently affordable senior citizen housing at less than $15,000 per unit. This funding reservation will expire if the project is rejected for this round of tax credits.
Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
 

18.  Update on State Budget and Impacts on the City of Berkeley (PDF) 

 This is item is generated by the announcement of the State Legislature that it intends to vote on a State Budget on the date of this Council meeting. This announcement was made after the posting of the Agenda for this meeting. Given the impending Council recess and the likely impacts of the State Budget on the City and various community agencies, the City Manager will request that this item be added to this Agenda. This addition requires a 2/3 vote to approve (Government Code Section 54954.2(b)(2)).

 From: City Manager
Recommendation: Receive report and authorize the City Manager to, at his discretion, provide additional advances to those community agencies which are negatively affected by the newly adopted State Budget and who were previously authorized to receive advances.
Financial Implications: See report
Contact: Tracy Vesely, City Manager’s Office, 981-7000

 

Public Comment – Including Items Not Listed on the Agenda –
 
 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 16th day of July, 2009.
                                               
Tom Bates , Mayor
 
Public Notice – this Proclamation serves as the official agenda for this meeting.
 
ATTEST:
 
Date:  July 16, 2009
 
Deanna Despain, CMC, City Clerk
          
Adjournment
 
NOTICE CONCERNING YOUR LEGAL RIGHTS: f you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City more than 90 days after the date the Notice of Decision of the action of the City Council is mailed.  Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
 
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via Internet accessible video stream at
 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.
 
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.
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:  clerk@ci.berkeley.ca.us

South Branch – 1901 Russell

 
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 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 July 16, 2009.
 
Deanna Despain, CMC, City Clerk

 
 
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.
 
Item 17: Housing Trust Fund Recommendations
1.  Stephen Wollmer
 
Property Taxes
2.  Marie Bowman
 
Notice of Vacancy / Alameda-Contra Costa Transit District Retirement Board
3.  Linda Nemeroff
 
East Bay Green Corridor & West Berkeley Re-zoning
4.  Zelda Bronstein
 
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