Regular Meeting eAgenda
February 24
, 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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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 24, 2009

7:00 P.M.

Council Chambers, 2134 Martin Luther King Jr. Way

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

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, Acting 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.

1.   Amendments to Condominium Conversion Ordinance Mitigation Fee Policies (BMC Chapter 21.28, et seq.) (PDF)
From: City Manager
Recommendation: 
Adopt second reading of Ordinance No. 7,070–N.S. to amend Berkeley’s Condominium Conversion Ordinance (CCO; BMC Chapter 21.28, et seq.) affordable housing mitigation feel policies.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

2.   Minutes for Approval (PDF)
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of February 2, 2009 (Special Closed) and February 10, 2009 (Special Worksession and Regular)Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900

3.   Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)
From: City Manager
Recommendation:
For informational purposes, approve the request for proposals (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager's threshold will be returned to Council for final approval.
Financial Implications: Sanitary Sewer Fund - $600,000
Contact: Robert Hicks, Finance, 981-7300

4.   Contract: 2009 Weatherization Program (PDF)
From: City Manager
Recommendation:
Adopt a Resolution:
1)     Authorizing the City Manager or his designee to execute a contract and any amendments with the State Department of Community Services and Development for the Low-Income Home Energy Assistance Program (LIHEAP) to receive revenues and provide weatherization and bill payment assistance to eligible residents of Berkeley, Albany, and Emeryville in the amount of $417,626 for the period January 1, 2009 through June 30,2010, and
2)     Authorizing the City Manager to designate a representative to sign required fiscal and programmatic reports.
Financial Implications: See report
Contact: Jane Micallef, Housing, 981-5400

5.   Contract: Planning Services - Vivian Kahn (PDF)
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the contract with Kahn/Mortimer Associates for planning services, increasing the contract amount by $30,000 for a total not-to-exceed $80,644.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

6.   Amendment To Lease: Charles and Theresa Lee dba Michelle's Yogurt & Sweets At 2430 Durant Avenue, B (PDF)
From: City Manager
Recommendation:
Adopt a first reading of an Ordinance authorizing the City Manager to execute an amendment to a lease agreement that was authorized by Ordinance No. 6,500-N.S. (Exhibit "A"), with Charles and Theresa Lee doing business as Michelle's Yogurt & Sweets at 2430 Durant Avenue Berkeley, California for the purpose of changing their business hours from opening at 10:00 am to opening at 11:00 am.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300

Council Consent Items

7.   Clarification in Zoning Ordinance (PDF)
From: Councilmember Maio
Recommendation:
Refer to the Manager and applicable commissions the inclusion, in the zoning ordinance, of an explanation of what provisions in the ordinance apply (the provisions in place when the application is deemed complete or the provisions in place when the final decision is made) when a project is approved.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110

8.   Evaluation of Berkeley's Utilization of Richmond BUILD Program (PDF)
From: Councilmembers Moore and Anderson
Recommendation:
That the City Manager conducts a comprehensive evaluation of Berkeley’s use of the Richmond BUILD Pre-apprenticeship Construction Skills & Solar Installation Training program using the most current data to determine:  How many slots the City has available, how many of those slots are filled, how many individuals the City has graduated out of the program, how many have gotten jobs after graduation, retention time for those who have found employment out of the program, strengths and weaknesses of the program, and other pertinent information that would help in evaluating how effective the program is and to what extent that Berkeley placements in the program are translating into long-term employment.  The City Manager should present the results of this evaluation within a month, in order to for the City Council to make appropriate decisions regarding funding allocations for the FY 2010/2011 budget, if necessary.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120

9.   Support of SR7 and HR5, Urging The Repeal of Prop 8 (PDF)
From: Councilmembers Moore, Arreguin, Worthington and Mayor Bates
Recommendation:
Adopt a Resolution putting the City of Berkeley on record urging the repeal of Proposition 8 and supporting Senator Mark Leno and Assemblymember Tom Ammiano's bills, SR7 and HR5 respectively, that would put each of their State legislative bodies on record urging the repeal of Proposition 8 and declaring that the initiative was an improper revision to the California Constitution.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 510-981-7120

10.  Proclamation Declaring February 28, 2009 as Walden Center and School Day in the City of Berkeley (PDF)
From: Councilmember Arreguin
Recommendation:
Adopt a proclamation declaring February 28th, 2009 "Walden Center & School" Day in the City of Berkeley in recognition of their 50th Anniversary, celebrating five decades of creative teaching and joyful learning through arts and education at the corner of Dwight Way and McKinley St. in the heart of Berkeley.
Financial Implications: None
Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

11.  Enhancing Safety of Berkeley Residents by Requiring the Installation of Earthquake Shut-Off Valves (PDF)
From: Councilmembers Wengraf and Maio
Recommendation:
Berkeley is located along the Hayward Fault and is identified as a likely area in California to experience a major seismic event. We are requesting that the City Manager return to the City Council with staff analysis and a recommendation on the possibility of requiring the installation of natural gas earthquake shut-off valves when there is new construction, at point of sale of homes, and when remodel projects exceed $20,000. In addition, suggestions for how Berkeley can offer incentives for residents to install automatic shut-off valves voluntarily should be included in the report.
Financial Implications: Unknown
Contact: Susan Wengraf, Councilmember, District 6, 981-7160

12.  Raising the Tibetan Flag in Solidarity With the Tibetan People for 50 Years in Exile (PDF)
From: Councilmember Worthington
Recommendation:
Allow the Tibetan flag to be raised on the city flagpole on Tuesday March 10, 2009 to show solidarity with the people of Tibet and Tibetan support groups in commemoration of the Tibetan National Uprising Day.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

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.

13.  ZAB Appeal: 1820 Solano Avenue (PDF)
From: City Manager
Recommendation:
Conduct a public hearing and adopt a resolution to approve Use Permit 08-10000059 to allow general office use, excluding medical practitioners, in up to one existing ground floor tenant space with a maximum floor area of 1,520 square feet adjacent to street frontage (i.e. Suite B-1, B-2, C-1, or C-2), and to dismiss the appeal.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400

Action Calendar – New Business

14.  Removal of Prohibition on Carryout Food Stores and Quick Service Restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way (PDF)
From: Planning Commission
Recommendation:
Adopt first reading of an Ordinance (Attachment 1) removing the prohibition on Carryout Food Stores and Quick Service Restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way in the C-1 General Commercial and C-2 Central Commercial Districts.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary; Michael Caplan, Economic Development, 981-7530

Information Calendar

15.  ZAB Appeal: 2516 Ellsworth – Application Withdrawn (PDF)
From: City Manager
Contact: Dan Marks, Planning and Development, 981-7400

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.CityofBerkeley.info/video 
and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.CityofBerkeley.info/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.CityofBerkeley.info/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@CityofBerkeley.info

South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 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.

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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 February 19, 2009 

Deanna Despain, Acting City Clerk


Communications

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

New Art House
1.    Nicole Rodriguez

Nuclear Free Berkeley Act Waiver
2.    Gene Bernardi, on behalf of SuperBOLD

Gaia Arts Center
3.    Anna de Leon

Moving Violations
4.    Deborah Sibony

Anita Gay PRC Investigation
5.    Justin Buffington

Pool Task Force
6.    Janet Weiss

Sunshine Committee Membership
7.    Dean Metzger
8.    Becky O’Malley

Economic Development – Elmwood Commercial District
9.    David Salk

I-80 Bridge Sculpture
10. Debbie Foster
11. Anne Whyte

Pacific Steel Casting
12. Linda Maio, District 1