Special Meeting Annotated Agenda
July 23, 2009

Printer-friendly PDF* annotated agenda 

 

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Note: 

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL SPECIAL MEETING

Thursday, July 23, 2009

5:00 PM

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

Preliminary Matters

Roll Call:  5:04 p.m. All present.

Ceremonial Matters: None

City Manager Comments: 2/3 vote needed to add item 18, Update on State Budget and Impacts on the City of Berkeley, to the agenda.  M/S/C(Worthington/Capitelli) to add the item to Consent Calendar. 

Public Comment on Non-Agenda Matters: 2 Speakers.

Public Comment on Consent Calendar and Information Items Only: 1 speaker.

Consent Calendar

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

1. Contract No. 2588 Amendment: Modify Existing Loan Terms and Increase Housing Trust Fund Loan - Erna P. Harris Court (pdf)
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
Action:  Adopted Resolution No. 64,583–N.S.

2. 2109 Martin Luther King, Jr. Way - Certify ZAB Action For Review And Set Public Hearing For September 22, 2009 (pdf) 
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
Action:  Adopted Resolution No. 64,584-N.S.

Consent Calendar – Council Items

3. City Co-Sponsorship of the Downtown Berkeley MusicFest (pdf)
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
Action:  Adopted Resolution No. 64,585–N.S.

4. City Sponsorship of the 2nd Annual Sit For Change Sit-A-Thon Hosted by the Center for Transformative Change (pdf) 
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
Action:  Adopted Resolution No. 64,586–N.S.

5. Official City Sponsorship of the 2009 USTA Girls’ 18 National Championships (pdf)
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
Action:  Approved recommendation.

6. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds To The Berkeley Tennis Club Foundation for the 2009 USTA Girls’ 18 National Championship (pdf) 
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:  Adopted Resolution No. 64,587–N.S.

Action Calendar – Public Hearing

7. ZAB-LPC Certification: 740 Heinz Avenue (pdf) 
Attachment 4-Administrative Record part 1(pdf)
Attachment 4-Administrative Record part 2 (pdf)
Attachment 4-Administrative Record part 3 (pdf)
Attachment 4-Administrative Record part 4 (pdf)
Attachment 4-Administrative Record part 5 (pfd)
Attachment 4-Administrative Record part 6 (pdf)  
Attachment 4-Administrative Record part 7 (pdf) 

ZAB-LPC Certification: 740 Heinz Avenue-Supplemental Material (pdf)
ZAB-LPC Certification: 740 Heinz Avenue-Supplemental Material (pdf) 

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

Public Testimony: The Mayor opened the public hearing. 5 speakers.  M/S/C (Moore/Anderson) to close the public hearing.

Action: M/S/C (Moore/Capitelli) to adopt Resolution No. 64,588–N.S. to certify an Environmental Impact Report for a project involving the demolition of the existing single-story, 10,000 square foot City of Berkeley Landmark (the former Copra Warehouse) and the construction of a 92,000 square foot building for research and development laboratories, warehousing and a 49-space sub-surface garage.

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

M/S/C (Moore/Anderson) to adopt Resolution No. 64,589–N.S 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.

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

 

8. ZAB Certification: 3240 Sacramento Street (pdf) 
Attachment 4-Administrative Record (pdf)
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion adopt a Resolution approving Use Permit No. 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

Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Worthington/Capitelli) to adopt Resolution No. 64,590–N.S. approving Use Permit No. 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.

Vote: All Ayes.

Councilmember Wengraf exited meeting at 6:46 p.m.

9. ZAB Certification: 1200 Ashby Avenue (pdf) 
Attachment 5-Administrative Record (pdf) 
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

Public Testimony: The Mayor opened the public hearing. 10 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Worthington/Moore) to adopt Resolution No. 64,591–N.S. 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.

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

Action Calendar - Appeals

9.1 2525 Telegraph Avenue/2512 Regent Street – Certify LPC Action For Review (pdf)
Supplemental Agenda Material (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: Continued to September 22, 2009.

Action Calendar – Old Business

10. Berkeley Way Traffic Barrier Between MLK Jr. Way and Grant Street (Continued from July 14, 2009) (pdf)
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

Action: Moved to Consent Calendar. Adopted Resolution No. 64,592–N.S. 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.

11. Referral to City Manager: Naming of I-80 Bridge in Honor of Dona Spring (Continued from July 14, 2009) (pdf)
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

Action: Removed from agenda by Councilmember Arreguin.

12. Repeal and Reenactment of Berkeley Municipal Code Chapter 9.32 - Massage Therapy Establishments (Continued from July 14, 2009) (pdf)
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

Action:  Continued to September 22, 2009.

13. City Manager Referral: Minor Encroachments to the Public Right of Way (Continued from July 14, 2009) (pdf)
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

Action: Continued to September 22, 2009.  Possible staff presentation referred to the Agenda Committee. 

14. Support SCA 21 Authored by State Senators Leland Yee and Roy Ashburn (Continued from July 14, 2009)pdf)
Supplemental Agenda Material (pdf)
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

Action: 2 Speakers.  Item tabled by Councilmember Arreguin.

15.   *Moved to Appeals Heading – Item 9.1**2525 Telegraph Avenue/2512 Regent Street – Certify LPC Action For Review

Action Calendar – New Business

16. Mental Health Services Act Housing Funds (pdf)
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

Action: Moved to Consent Calendar.  Adopted Resolution No. 64,593–N.S. 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.

17.   Housing Trust Fund Recommendations

a. From: Housing Advisory Commission (pdf) 
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

Action: Moved to Consent Calendar.  Adopted Resolution Resolution No. 64,594–N.S approving 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.

b. City Manager (pdf)
Supplemental Material (pdf) 
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 Commission (HAC) report on this same agenda. 
Financial Implications: See report
Contact: Jane Micallef, Housing and community Services, 981-5400

c. Councilmembers Worthington and Moore (pdf)
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

Action: 3 speakers.   M/S/C (Maio/Moore) to direct the City Manager to initiate the sale of the City’s property at 2240 Ninth Street and foreclosure on the City’s Development Loan to the Prince Hall Arms Project .  The funds generated thereby will be deposited into the Housing Trust Fund. 

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

Action: 13 speakers.  M/S/C (Maio/Moore) to adopt Resolution No. 64,595–N.S. for Approval of Fund Reservation from the Housing Trust Fund.  Resolution revised to include the following:

All references to CityCentric Investments, LLC will be changed to Ashby Arts Associates. 

Removal: BE IT FURTHER RESOLVED that the disbursement of any City funds approved for the project is contingent on the above resolutions in addition to all of the following: 1) CityCentric Investments, LLC sells the LIHTC for no less than $0.70 per credit dollar; 2) CityCentric Investments, LLC investment equity either from the partners or from the sale of LIHTC is used to complete all remaining entitlements for the project; 3) CityCentric Investments, LLC executes a contract with a licensed construction contractor for the full amount of the costs of construction with a certification that the bid is based on Davis Bacon prevailing wage rates and reporting requirements; and 4) all construction and permanent lending agreements have been executed for the project. 

Removal: BE IT FURTHER RESOLVED that the sources of funding from the City for this project shall be from the sale of the City’s property at 2240 Ninth Street and the foreclosure on the City’s Development Loan to the Prince Hall Arms Project; funding for this project will be provided once those two actions are completed and the funds generated thereby will be deposited into the Housing Trust Fund subject to all the conditions contained in this Resolution. 

Addition: BE IT FURTHER RESOLVED that the Housing Trust Fund Loan is a recourse loan secured by the second deed of trust on the property and the personal guarantee of all five Ashby Arts Associates principles. 

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

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

Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to 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.

Public Comment – Including Items Not Listed on the Agenda – 3

Adjournment: 9:01 in honor of Gordon Choice II

Communications

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

Supplemental Communications and Reports 1

Item 1: Contract No. 2588 Amendment: Modify Existing Loan Terms and Increase Housing Trust Fund Loan - Erna P. Harris Court
5.      Marie Bowman, on behalf of the Berkeley Alliance of Neighborhood Associations (BANA) (2)

Item 7: ZAB-LPC Certification: 740 Heinz Avenue

  • Supplemental materials, submitted by City Clerk’s Office (see agenda item)

6.      James Goring
7.      Louise Smith

Item 8: ZAB Certification: 3240 Sacramento Street
8.      Marie Lee

Item 9: ZAB Certification: 1200 Ashby Avenue
9.      Ken Wilkins
10.    Steven Wollmer
11.    Mark Rhoades
12.    Cynthia Scheinberg

Item 9.1: 2525 Telegraph Avenue/2512 Regent Street – Certify LPC Action For Review

  • Supplemental materials, submitted by the City Clerk’s Office (see agenda item)

13.     David Stein
14.     Donna Graves

Item 12: Repeal and Reenactment of Berkeley Municipal Code Chapter 9.32 - Massage Therapy Establishments
15. Robert Flammia
16. Amanda Whitehead

Item 13: City Manager Referral: Minor Encroachments to the Public Right of Way
17. Wendy Alfsen
18. Tom Miller
19. Steven & Deborah Kanofsky
20. Jerry Wachtel

Item 18: Update on State Budget and Impacts on the City of Berkeley
21. Victoria Peirotes

Item 17: Housing Trust Fund Recommendations

  • Supplemental materials, submitted by Housing Department (see agenda item)

22. Laura Menard

Supplemental Communications and Reports 2

Item 7: ZAB-LPC Certification: 740 Heinz Avenue

  • Supplemental materials, submitted by Planning & Development (see agenda item)

23. David Kruse
24. Sheila Wood

Item 9: ZAB Certification: 1200 Ashby Avenue
25. CityCentric Investments

Item 14: Support SCA 21 Authored by State Senators Leland Yee and Roy Ashburn

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

26. Doreen Moreno
27. Unknown

Item 17: Housing Trust Fund Recommendations
28. Unknown

Misc. Communications

BART Budget/Union Contracts
29. Ken Bukowski

BELLA (Berkeley Lab Laser Accelerator)
30. Unknown

Helios Research Initiatives
31. Robert Birgeneau