Regular Meeting Annotated Agenda
February 24, 2009

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ANNOTATED 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

Preliminary Matters

Roll Call: 7:31 p.m.  All present.

Ceremonial Matters:

  1. Walden Center and School Day – February 28, 2009
  2. Peace Corps Week is February 23 – March 2, 2009
  3. Cesar Chavez Commemorative Period – March 20th – April 23rd

City Manager Comments:  Celebration of Black History Month – South Berkeley Senior Center, Saturday, February 28 from 3-6 p.m.

Public Comment on Non-Agenda Matters: 3

Public Comment on Consent Calendar and Information Items Only: 4

Consent Calendar

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

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
First Reading Vote: Ayes–Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes–Anderson, Arreguin, Worthington.
Action: Adopted second reading of Ordinance No. 7,070–N.S.

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
Action:  Approved minutes as submitted.  Abstain: Arreguin from February 2, 2009 minutes.

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
Action:  Approved recommendation.

4. Contract: 2009 Weatherization Program (pdf)
Fr
om: 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
Action:  Adopted Resolution No. 64,356–N.S.

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
Action:  Adopted Resolution No.64,357–N.S.

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
Action:  Adopted first reading of Ordinance No. 7,071–N.S.  Second reading scheduled for March 10, 2009.

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
Action:  Approved recommendation.

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
Action:  Approved recommendation.

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
Action:  Adopted Resolution No. 64,358–N.S.  Staff report amended to remove the word “extremists” from the background.

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
Action:  Approved recommendation.

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; Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.

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:  Approved recommendation. Abstain–Wozniak.

Action Calendar – Public Hearing

13. ZAB Appeal: 1820 Solano Avenue (pdf) 
Administrative Record (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

Public Testimony: The Mayor opened the public hearing. 4 speakers.  M/S/C (Anderson/Wozniak) to close the public hearing.

Action: M/S/C (Capitelli/Moore) to direct staff to return to Council on March 24, 2009 with pedestrian-friendly office use options.

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

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

Action:  M/S/C (Arreguin/Maio) to adopt first reading of Ordinance No.7,072–N.S. as amended to continue prohibition on Carryout Food Stores and remove prohibition on Quick Service Restaruants on University Avenue between Oxford Street and Martin Luther King Jr. Way in the C-1 General Commercial and C-2 Central Commercial Districts.

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

Second reading scheduled for March 10, 2009.

Information Calendar

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

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

Adjourned at 10:11 p.m. in honor of Bill Brand

Communications

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 – Referred to City Manager by Councilmember Anderson

Moving Violations
4.      Deborah Sibony - Referred to City Manager by Councilmember Anderson

Anita Gay PRC Investigation
5.      Justin Buffington

Pool Task Force
6.      Janet Weiss – Referred to City Manager by Councilmember Maio

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

Economic Development – Elmwood Commercial District
9.      David Salk – Referred to City Manager by Councilmembers Maio and Wozniak

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

Pacific Steel Casting
12. Linda Maio, District 1

Supplemental Communications and Reports 1

Item 11: Enhancing Safety of Berkeley Residents by Requiring the Installation of Earthquake Shut-Off Valves
13. Gordon Wozniak, District 8

Item 12: Raising the Tibetan Flag in Solidarity With the Tibetan People for 50 Years in Exile
14. Gordon Wozniak, District 8

Item 13: ZAB Appeal: 1820 Solano Avenue
15. Debbie Perkins-Kalama
16. Christine Mewha
17. Susan Powning
18. Gordon Wozniak, District 8

Item 14: Removal of Prohibition on Carryout Food Stores and Quick Service Restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way
19. Karl Reeh
20. Gordon Wozniak, District 8

Item 15: I ZAB Appeal: 2516 Ellsworth – Application Withdrawn
21. Michael Walensky

Supplemental Communications and Reports 2

Item 14: Removal of Prohibition on Carryout Food Stores and Quick Service Restaurants on University Avenue between Oxford Street and Martin Luther King Jr. Way
22. Igor Tregub
23. Office of Economic Development