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~~~~~~~~~~~~~~~~~~~~~
summary
BERKELEY CITY COUNCIL MEETING
Tuesday, september 26, 2006
7:00 P.M.
Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Location 1636 Channing Way, Berkeley, CA
Roll Call:
7:00 p.m. All present.
City Manager Comments:
The City Manager announced that long time retired city employee and park
supporter, Dorothy Bolte, passed away on Sunday.
Public Comment: 17 speakers.
Action: Moved, seconded, carried
(Wozniak/Worthington) to adopt the Consent Calendar in one motion except as
indicated:
1. Development Standards Related to Density Bonuses
(PDF, 24 KB) (first reading September
19, 2006 Noes: Olds; Abstain: Anderson, Worthington)
From: City Manager
Recommendation: Adopt a second reading of
an Ordinance amending Berkeley Municipal Code (BMC) amending Title 23, Zoning
Ordinance, Section 23E, to provide second story and above transition setbacks
and clarify existing policy regarding required yards on lots in the C-1, C-W,
C-T districts abutting residential districts; establish development standards
for ground floor commercial uses in mixed-use buildings and modify the open
space requirements in the C-1 and C-W districts, and in commercial districts;
limit rooftop open space; restrict the use of mechanical parking lifts for required
parking; provide a minimum10 foot setback from abutting residential districts;
and restrict residential uses on the ground floor of mixed-use buildings and
including a sunset provision.
Financial Implications: See report
Contact:
Dan Marks, Planning and Development, 981-7400
Action: Adopted
Ordinance No. 6,948N.S. (PDF, 322 KB)
Effective
October 26, 2006.
2. Major Residential Additions
(PDF, 136 KB) (first reading September 19, 2006 Noes:
Moore, Anderson)
From: City Manager
Recommendation: Adopt second reading of an
Ordinance amending Berkeley Municipal Code (BMC) Title 23, Zoning Ordinance,
Sections 23 (D, E and F) regarding residential additions in all residential
districts and regarding development standards in the Hillside Overlay District
provisions.
Financial Implications: See report.
Contact: Dan Marks, Planning and Development,
981-7400
Action: Adopted Ordinance No. 6,949N.S. (PDF, 2 MB) Effective October 26, 2006.
3. Conflict of Interest Code
(PDF, 4 MB)
From: City Manager
Recommendation: Adopt a Resolution
adopting a revised Conflict of Interest Code and rescinding Resolution No.
62,642-N.S. (2004 Conflict of Interest Code).
Financial Implications: None
Contact:
Sherry M. Kelly, City Clerk, 981-6900
Action: Adopted Resolution No. 63,433N.S.
(PDF, 3 MB)
4. Contract: Computer Network Cabling
(PDF, 26 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
Capitol Communications Inc. increasing the amount by $175,000 to cover
additional cabling work on the computer network, for a total amount not to exceed
$210,000, and extending the term to June 30, 2008.
Financial Implications: General Fund - $175,000
Contact:
Chris Mead, Information Technology, 981-6500
Action: Adopted
Resolution No. 63,434N.S. (PDF, 45 KB)
5.
Contract: Environmental Analysis for Aquatic Park Improvement
Project (PDF, 90 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to amend the contract with Laurel Marcus and
Associates for design, engineering and environmental analysis of hydrology and
habitat improvements at Aquatic Park in an amount not to exceed $372,264 for
the period August 1, 2006 to December 31, 2007.
Financial Implications: See report
Contact: Marc Seleznow, Parks Recreation and Waterfront,
981-6700
Action: Removed
from the Consent Calendar by Mayor Bates.
Moved, seconded, carried (Moore/Wozniak) to adopt Resolution No.
63,435N.S. (PDF, 80 KB)
6.
Contract: Inspections for Condominium Conversion Applications
(PDF, 25 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to amend the contract with 4Leaf, Inc. for
condominium inspections, increasing the amount by $60,000 for a total not to
exceed $84,999 and extending the term until June 30, 2009.
Financial Implications: See report
Contact: Dan Marks, Planning and
Development, 981-7400
Action: Adopted
Resolution No. 63,436N.S. (PDF, 47 KB)
7.
Amendment No. 2 to Alameda County Measure B Expenditure Plan
(PDF, 31 KB)
From:
City Manager
Recommendation:
Adopt a Resolution
approving Amendment No. 2 to the 1986 Alameda County Transportation Expenditure
Plan as proposed by the Alameda County Transportation Authority (ACTA)
contingent on the approval of the same amendment by the Metropolitan
Transportation Commission (MTC).
Financial Implications: None
Contact: Claudette
Ford, Public Works, 981-6300
Action: Adopted
Resolution No. 63,437N.S. (PDF, 103 KB)
8. Council Support for Proposition 89 - Clean Money
(PDF, 803 KB)
From: Mayor Bates
Recommendation: Support Proposition 89
California Clean Money and Fair Elections Act on the ballot this November.
Financial Implications: None
Contact:
Tom Bates, Mayor, 981-7100
Action:
Approved recommendation.
9. Funding to Non-Profit Organizations
(PDF, 30 KB)
From: Councilmember Olds
Recommendation: Adopt a Resolution
approving funding from Councilmember Olds office budget to several non-profit
organizations as stated in the report.
Financial Implications: See report
Contact:
Betty Olds, Councilmember District 6, 981-7160
Action: Held
over to October 10, 2006 by Councilmember Olds.
10. Protection of California State Park, San Onofre State Beach
(PDF, 24 KB)
From:
Councilmember Spring
Recommendation:
Adopt a Resolution:
1) endorsing the California State Park and Recreation Commissions resolution
opposing a proposed toll road alignment and request for action to protect San
Onofre State Beach; 2) requesting the Foothill/Eastern Transportation Corridor
Agency withdraw its plans to construct a toll road with an alignment through
the state park; 3) directing the City Manager to refrain from acquiring any
bonds for, or making other financial investments in, the Foothill-South Toll
Road; and 4) sending a copy of this resolution to the Commission,
Foothill/Eastern Transportation Corridor Agency, the California Governor,
Attorney General and Treasurer, Resources Agency, Department of Parks and
Recreation, and Department of Transportation.
Financial Implications: None
Contact: Dona
Spring, Councilmember District 4, 981-7140
Action: Adopted
Resolution No. 63,438N.S. (PDF, 127 KB)
11. Expansion of Eco-Pass Program
(PDF, 34 KB)
From:
Councilmember Worthington
Recommendation:
Support exploring
the expansion of the Eco-Pass program to UC Berkeley, Alta Bates/Sutter Health,
and other businesses along the Telegraph Avenue Corridor.
Financial Implications: None at this time.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action:
Approved recommendation.
Action
Calendar Appeals
12.
2721 Shattuck Avenue -
Zoning Adjustments Board Appeal Verizon
a. From: City Manager
(PDF, 33 MB)
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use
Permit #05-10000033 for a new wireless telecommunications facility (including
five antennas and related equipment) for Verizon Wireless at 2721 Shattuck
Avenue and dismissing the appeal.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7400
b.
Appeal
1.
Ellen McGovern
(PDF, 163 KB)
c. Communications (PDF, KB)
1. Karl
Reeh on behalf of LeConte Neighborhood Association (PDF, 145 KB)
2. Ellen
McGovern (PDF, 225 KB)
3. Paul
B. Albritton, Mackenzie & Albritton, LLP (PDF, 276 KB)
Action: Moved,
seconded, carried (Anderson/Wozniak) to adopt Resolution No. 63,439-N.S. (PDF,
72 KB)
remanding the matter to the Zoning Adjustments Board for purposes of reviewing
new information and working out issues related to the parking and loading areas
and equipment placement.
13.
2721 Shattuck Avenue Zoning Adjustments Board Appeal Nextel
a. From: City Manager
(PDF, 25 MB)
Recommendation:
Adopt a Resolution
affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use
Permit #04-10000068 for a new wireless telecommunications facility (including
twelve antennas and related equipment) for Nextel Communications at 2721
Shattuck Avenue and dismissing the appeal.
Financial Implications: None
Contact: Dan Marks,
Planning and Development, 981-7400
b. Appeal
1. Ellen
McGovern (PDF, 249 KB)
c. Communications
1.
Karl Reeh on behalf of LeConte Neighborhood Association
(PDF, 150 KB)
2.
Ellen McGovern
(PDF, 225 KB)
Action: Moved, seconded, carried (Anderson/Wozniak)
to adopt Resolution No. 63,440-N.S. (PDF,
74 KB) remanding the matter to the Zoning
Adjustments Board for purposes of reviewing new information and working out
issues related to the parking and loading areas and equipment placement.
Action Calendar Public
Hearing
14.
2104 Sixth Street
a.
From: City Manager
(PDF, 22 MB) (report of July 25, 2006)
Recommendation:
Conduct a Public
Hearing and upon conclusion, adopt a Resolution affirming the decision of the
Zoning Adjustments Board (ZAB) to adopt a Mitigated Negative Declaration (MND)
and approve 1) the legalization of the demolition of 2104 Sixth Street; and 2)
the reconstruction of the demolished portion of 2104 Sixth Street
(UP#06-10000027), and dismiss the appeal.
Financial
Implications: None
Contact: Dan Marks,
Planning and Development, 981-7400
b.
Appeal (July 25,2006)
Jeff Hoffman on
behalf of Friends of Oceanview-Sisterna Historic District
(PDF, 2 MB) (July 25, 2006)
Public Testimony: The Mayor opened the
public hearing. 10 speakers. Moved,
seconded, carried (Moore/Anderson) to close the public hearing.
Action: Moved, seconded, carried (Capitelli/Wozniak;
Noes Maio, Moore, Worthington) to adopt
Resolution No. 63,441N.S. (PDF, 3 MB) affirming
the decision of the Zoning Adjustments Board and dismissing the appeal.
15.
2104 Sixth Street
a.
From: City Manager
(PDF, 23 MB) (report of July 25, 2006)
Recommendation: Conduct a Public Hearing
and upon conclusion, adopt a Resolution affirming the decision of the Landmarks
Preservation Commission (LPC) to approve the demolition of 2104 Sixth Street
(Permit #06-40000003) and dismiss the appeal.
Financial Implications: None
Contact:
Dan Marks, Planning and Development, 981-7400
b. Appeal (July 25, 2006)
Jano Bogg on behalf of Friends of Oceanview-Sisterna Historic
District (PDF, 7 MB) (July 25, 2006)
Public Testimony: The Mayor opened the
public hearing. 10 speakers. Moved, seconded, carried (Moore/Anderson) to
close the public hearing.
Action: Moved, seconded, carried (Capitelli/Olds;
Noes Moore, Worthington; Abstain - Spring) to adopt
Resolution No. 63,442N.S. (PDF, 2 MB) affirming the decision of the Landmarks Preservation
Commission and dismissing the appeal.
Action
Calendar Old Business
16.
1201 San Pablo Avenue / 1100 Harrison Street (Public hearing closed on
September 19, 2006. Council expected to
take action at this meeting.)
a. Supplemental Report
(PDF, 543 KB) (July 18, 2006)
From: City Manager
Contact:
Dan Marks, Planning and Development, 981-7400
b. From: City Manager
(PDF, 3 MB) (July 18, 2006)
Recommendation:
Adopt a Resolution
affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use
Permit No. 05-10000029 to construct a 30-unit, mixed-use project, and
dismissing the appeal.
Financial Implications: None
Contact: Dan Marks,
Planning and Development, 981-7400
c.
Appeal (July 18, 2006)
1.
Susan Pinto and Kain/Stannage Neighbors who also join in the
appeal. (PDF, 965 KB)
d. Communications (July 18, 2006)
1. James
E. Hart (PDF, 289 KB)
2. 1201
San Pablo Appellants (PDF, 4 MB)
e. Communications
(September 19, 2006)
1. Stephen
Wollmer (PDF, 829 KB)
f.
Supplemental Communications (September 19, 2006)
Supplement
1 File (PDF, 6 MB)
1 Jim
Hart Revised Proposal
2. 1201
San Pablo/1100 Harrison Appellants (2)
3. Stephen
Wollmer
4. Scott,
Kelli and Nathan Bodensteiner
Supplement
2 File (PDF, 2 MB)
5. Jim
Hart Drawing
6. Mary
Wyand
Action: Moved, seconded, carried (Maio/Anderson;
Noes Olds; Abstain - Wozniak) to continue the decision to October 10, 2006.
17.
Funding For A Campus Neighborhood Watch Program
(PDF, 30 KB) (held over from September 19, 2006 by Councilmember
Worthington)
From: Councilmember Worthington
Recommendation: Adopt a Resolution committing matching funding of $7,500 to support the
Cal Campus Neighborhood Watch Program.
Financial Implications: $7,500
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
Action: Moved,
seconded, carried (Worthington/Anderson; Noes - Olds) to ask the Mayor to send
a letter to the University inviting them to match any contributions made by the
City for this program and held over the remainder of the item to October 10,
2006 to receive a report from the City Manager on the budget and scope of the
program and to determine if other councilmembers desire to contribute monies
from their office budgets to assist in funding this program.
Action Calendar New
Business
18. 2007 City Council Meeting Schedule
(PDF, 245 KB)
From: City Manager
Recommendation: Adopt a Resolution
establishing the Council regular meeting schedule for 2007, with starting times
of 7:00 p.m.
Financial Implications: None
Contact:
Sherry M. Kelly, City Clerk, 981-6900
Action: Moved
to the Consent Calendar by Mayor Bates. Adopted Resolution No. 63,443N.S.
(PDF, 53 KB) as
amended by the Mayor.
19.
2817 Eighth Street - Certify for Review and Remand to Zoning
Adjustments Board (PDF, 6 MB)
From:
City Manager
Recommendation:
Adopt a Resolution:
1) certifying the Zoning Adjustments Board's (ZAB) approval of Use Permit
05-100000116 application to demolish an existing single-family dwelling at 2817
Eighth Street and to construct a new building with four market-rate condominium
dwelling units, on a lot of 7,315 square feet in the MU-R (Mixed
Use-Residential) zoning district and 2) remanding the matter to ZAB for a new
public hearing to reconsider the project as being subject to the City's
inclusionary housing requirements.
Financial Implications: None
Contact: Dan Marks, Director, Planning and Development,
981-7400
Action: Moved
to the Consent Calendar by Councilmember Worthington. Adopted Resolution No.
63,444N.S. (PDF, 51 KB)
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.
Save the
Oak Trees UC Memorial Stadium
(Numerous email communications submitted
in a substantially similar format are on file in the City Clerk Department).
Smoking Ban
in Westin Hotels
1. Anne Whyte
Flood
Insurance
2. Barbara Gilbert
Item #2: Major
Residential Additions
3. Mark
W. Troup
4. Chris
Bailey (Referred by Councilmember Moore)
5. Willie
Pettus
6. Alan
and Aleyda Swain
Item #10:
Protection of California State Park, San Onofre State Beach
7. James
Birkelund
8. Elizabeth
Lambe
Item #11: Expansion of Eco-Pass Program
9. Hank
Resnik
10. Len Conly
Items #12 and 13: 2721 Shattuck Avenue - Zoning Adjustments Board Appeal Verizon
and Nextel - Supplement
1 File (PDF, 837 KB)
11. Jim Hultman
12. Ellen McGovern
13. Brett Brooks
14. Suzanne Masuret
15. Karl Reeh
16. Karl Reeh
17. Suzanne Masuret
Item #16:
1201 San Pablo Avenue / 1100 Harrison Street - Supplement
1 File (PDF, 2 MB)
18. Jim Hart Revised
Application
19. Prakash Pinto
20. Daniel W. Corvello
21. Mary Wyand
22. Beth Bernstein
23. Jean Molesky
24. Yvette Bozzini
25. Uile Cuileannain
26. Mary Wyand for
Erika Lamm
27. Jim Hart
Item #19:
2817 Eighth Street - Certify for Review and Remand to Zoning Adjustments Board
28. Xin Jin
Item #16: 1201 San Pablo Avenue / 1100 Harrison Street - Supplement
2 File (PDF, 720 KB)
29. Rena Rickles
30. Don Mill
31. Rempel Architects
Item #17: Funding For A Campus Neighborhood Watch Program
32. Garrett Keating
Complaint La Loma Pathway
33. Rozalina Gutman (Referred
by Councilmember Worthington)
Poem Two Oaks UC Memorial Stadium
Adjourned at 9:53 p.m. in
memory of Dorothy Bolte.
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.
