ANNOTATED AGENDA BERKELEY CITY COUNCIL SPECIAL MEETING THURSDAY by DaronMackey

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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
         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.
Consent Calendar
2.       2109 Martin Luther King, Jr. Way - Certify ZAB Action For Review And Set
         Public Hearing For September 22, 2009
         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
         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
         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
         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
         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.
     Thursday, July 23, 2009            ANNOTATED AGENDA                                Page 2
Action Calendar – Public Hearing
7.       ZAB-LPC Certification: 740 Heinz Avenue
         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
         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.
     Thursday, July 23, 2009             ANNOTATED AGENDA                                Page 3
 Action Calendar – Public Hearing
          Councilmember Wengraf exited meeting at 6:46 p.m.

 9.       ZAB Certification: 1200 Ashby Avenue
          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
          c. Appeal
          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
     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)
          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.
      Thursday, July 23, 2009           ANNOTATED AGENDA                                  Page 4
 Action Calendar – Old Business
          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)
          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)
          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)
          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.




      Thursday, July 23, 2009              ANNOTATED AGENDA                                   Page 5
 Action Calendar – Old Business
14.       Support SCA 21 Authored by State Senators Leland Yee and Roy Ashburn
          (Continued from July 14, 2009)
          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
          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.




      Thursday, July 23, 2009             ANNOTATED AGENDA                                Page 6
 Action Calendar – New Business
17.       Housing Trust Fund Recommendations
          a. From: Housing Advisory Commission
          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 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
          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
          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.



      Thursday, July 23, 2009             ANNOTATED AGENDA                                  Page 7
 Action Calendar – New Business
      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
      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




  Thursday, July 23, 2009             ANNOTATED AGENDA                                 Page 8
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


 Thursday, July 23, 2009                  ANNOTATED AGENDA                                    Page 9
 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




 Thursday, July 23, 2009          ANNOTATED AGENDA                            Page 10

								
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