Special Meeting eAnnotated Agenda
April 20, 2010

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL SPECIAL MEETING

Tuesday, APRIL 20, 2010

5:30 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:  5:32 p.m.  All present.

Public Comment – Items on this agenda only: 11 Speakers.

Public Hearing:

1. 3095 Telegraph Avenue (Continued from March 23, 2010) (PDF)
From: City Manager
Recommendation: Conduct and complete a continued public hearing and either:

1    Adopt a Resolution approving Administrative Use Permit (AUP) No. 09-20000161to establish a commercial laundromat within a mixed-use building comprising five commercial tenant spaces and ten residential condominiums based on findings of non-detriment and subject to conditions; or

2    Adopt a Resolution denying the AUP.

Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400

Public Testimony: The Mayor continued the public hearing. 11 speakers.  M/S/C (Wozniak/Moore) to close the public hearing.

M/S/C (Worthington/Moore) to reopen the public hearing to allow Sam Sorokin to speak for 3 minutes. . M/S/C (Worthington/Moore) to close the public hearing.

Action: M/S/C (Worthington/Maio) to adopt Resolution No.64,827–N.S. to deny the Administrative Use Permit as amended to remove the following:

“3.  As a threshold matter, the applicant, PWS, has stated that it is not in the business of operating laundromats, and intends to sell the laundromat as a “turn-key” operation to an as yet unidentified potential buyer. For this reason, PWS has disclaimed any ability or desire to accept conditions on the operation of the laundromat on behalf of an operator, thus, the Council is in the position of not being able to discuss possible mitigating conditions with an applicant who is in a position to agree or disagree. While the City has authority to impose appropriate conditions without the consent of an applicant, its consistent practice has been not to do so. Absent some indication that potential mitigating conditions are acceptable, the City’s consistent practice has been either to approve a permit without them or to deny it.”

Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Mayor Bates; Noes – None.

Adjournment: 6: 55 p.m.

Communications (PDF)

-None

Supplemental Communications and Reports 1 (PDF)

Item 1: 3095 Telegraph Avenue
1.    Sam Sorokin
2.    Steve Schwartz
3.    Jason Meggs