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Regular Meeting Annotated Agenda
July 7
, 2009

Printer-friendly PDF* annotated agenda 

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

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ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 7, 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: 7:07 p.m.  Absent: Councilmembers Anderson and Moore.  Councilmember Anderson present at 7:16 p.m.  Councilmember Moore present at 7:36 p.m.

Ceremonial Matters:

  1. Monterey Market
  2. Moe’s Books

City Manager Comments:  None

Public Comment on Non-Agenda Matters: 4

Public Comment on Consent Calendar and Information Items Only: 0

Consent Calendar

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

1. Lease Agreements for 2134 Martin Luther King Way and 2031 Sixth Street and Purchase and Sale Agreement for 2031 Sixth Street (pdf) 
From: City Manager
Recommendation:  Adopt second reading of Ordinance No. 7,096–N.S. authorizing execution of leases of 2134 Martin Luther King Jr. Way and 2031 Sixth Street and a Purchase and Sale Agreement for 2031 Sixth Street.
First Reading Vote: All Ayes
Financial Implications: See report
Contact:  Christine Daniel, City Manager’s Office, 981-7000
Action: Adopted second reading of Ordinance No. 7,096–N.S.

2. Lease Agreement for Grove Street Recreation Center Site (Oregon Street Gym) (pdf) 
From: City Manager
Recommendation:  Adopt second reading of Ordinance No. 7,097–N.S. authorizing execution of a lease of the Grove Street Recreation Center from the Berkeley Unified School District.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Christine Daniel, City Manager’s Office, 981-7000
Action: Adopted second reading of Ordinance No. 7,097–N.S.

3. Levying a Special Tax for FY 2010 to Fund the Provision of Library Services (pdf) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,098–N.S. to set the FY 2010 tax rate for the Library Services Tax at $0.1582 (15.82 cents) per square foot for dwelling units and $0.2393 (23.93 cents) per square foot for industrial, commercial, and institutional buildings.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,098–N.S.

4. Sweatshop Free Ordinance (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,099–N.S. adding Chapter 13.97 to the BMC mandating that vendors supplying apparel to the City of Berkeley provide information regarding the factories where the goods are manufactured. 
First Reading Vote:  All Ayes
Financial Implications: Unknown
Contact: Robert Hicks, Finance, 981-7300
Action: Adopted second reading of Ordinance No. 7,099–N.S.

5. Lease Agreement: 80 Bolivar Drive (North Building) in Aquatic Park with Waterside Workshop (pdf) 
From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 7,100–N.S. authorizing the City Manager to execute a lease agreement with Waterside Workshop to use the North Building at 80 Bolivar Drive in Aquatic Park for a lease term anticipated to begin September 1, 2009 and ending August 31, 2011.
First Reading Vote: All Ayes
Financial Implications: Parks Tax Revenue - $317
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: Adopted second reading of Ordinance No. 7,100–N.S.

6. Amending BMC Chapter 6.24 Municipal Off-Street Parking Lots to Include Pay-and-Display Stations (pdf) From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 7,101–N.S. amending Berkeley Municipal Code Chapter 6.24 Municipal Off-Street Parking Lots to include pay-and-display stations, and authority to designate locations for vehicle-sharing pods, by: 1.  Adding Section 6.24.013, Section 6.24.025, Section 6.24.093, Section 6.24.096, Section 6.24.103, and Section 6.24.135; and 2.  Amending Section 6.24.020, Section 6.24.030, Section 6.24.040, Section 6.24.050, Section 6.24.070, Section 6.24.080, Section 6.24.090, Section 6.24.100, and Section 6.24.120.
First Reading Vote: All Ayes
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
Action: Adopted second reading of Ordinance No. 7,101–N.S.

7. FY 2010 Annual Appropriations Ordinance (pdf)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,102–N.S. adopting the FY 2010 Annual Appropriations Ordinance (AAO) in the amount of $382,659,412 (gross appropriations) and $333,355,332 (net appropriations).
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,102–N.S.

8. Organizational Ordinance Updates (pdf) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,103–N.S. amending Berkeley Municipal Code Sections 2.50.010, 2.50.020, 2.50.030, 2.50.040, 2.50.050, 2.50.060, 2.61.020, 2.62.010, 2.62.020, 2.62.030, and 2.60.040 to reflect organizational changes.
Financial Implications: None
Contact: Tracy Vesely, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,103–N.S.

9. Repeal and Reenactment of Berkeley Municipal Code Chapter 9.32 (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 July 14, 2007.

10. Loan Terms Amendment: Berkeley Society for the Preservation of Traditional Music - Freight and Salvage (pdf) 
From: City Manager
Recommendation: Adopt a Resolution extending the repayment schedule of the bridge loan to the Berkeley Society for the Preservation of Traditional Music (Society) that was approved by the City Council on May 5, 2009 (Resolution No. 64,426–N.S.) for the construction of the new Freight and Salvage venue at 2020-2026 Addison Street.
Financial Implications: None
Contact: Michael Caplan, Economic Development, 981-7000
Action:  Adopted Resolution No. 64,527–N.S.

11. Minutes for Approval (pdf)
From: City Manager
Recommendation: Approve the minutes for the Council meeting of June 23, 2009 (regular).
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes as submitted.

12. Revised 2009 City Council Meeting Schedule (pdf)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 64,180–N.S. to revise the 2009 City Council regular meeting schedule, adding a meeting on July 23, 2009.
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Adopted Resolution No. 64,528–N.S. revised to reflect the following council meeting dates: September 22 and September 29, 2009.

13. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (pdf)
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (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: Various Funds - $234,462
Contact: Robert Hicks, Finance, 981-7300
Action:  Approved Recommendation.

14. FY 2010 Transportation Development Act Article 3 Fund Allocation (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an allocation request to the Metropolitan Transportation Commission for Transportation Development Act Article 3 funds in the amount of $30,000 in FY 2010 for The Bicycle/Pedestrian Safety Education Project; to accept the funds, execute any resultant agreements and amendments and authorize the implementation of the project, subject to securing the funds; and making the necessary findings.
Financial Implications: Bicycle/Pedestrian Safety Education Program - $30,000 (revenue)
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,529–N.S.

15. Contract: Public Health Laboratory Services (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with UNILAB CORPORATION, dba Quest Diagnostics, for the provision of clinical public health laboratory services for the period of August 16, 2009 through June 30, 2010 in an amount not to exceed $225,000.
Financial Implications: Various Funds - $225,000
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,530–N.S.

16. Nomination of Ms. Aydan Aysoy to a County Paratransit Advisory Group (pdf) 
From: City Manager
Recommendation: Adopt a Resolution nominating Ms. Aydan Aysoy to serve as the City of Berkeley's citizen representative on the Paratransit Advisory Planning Committee (PAPCO) of the Alameda County Transportation Improvement Authority (ACTIA).
Financial Implications: None
Contact: Jane Micallef, Housing, 981-5400
Action:  Adopted Resolution No. 64,531–N.S.

17. Contract No. 6388 Amendment: California Conservation Corps for Hazardous Vegetation Reduction Services (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6388 with the California Conservation Corps to increase the contract amount by $44,000 for a new total amount not to exceed $470,000 and extend the contract through October 31, 2009.
Financial Implications: Parks Tax Fund - $44,000
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action:  Adopted Resolution No. 64,532–N.S.

18. Contract: 2009-10 Department of Alcoholic Beverage Control Grant (pdf) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a grant contract and any subsequent amendments with the State of California to accept Fiscal Year 2010 Department of Alcoholic Beverage Control (ABC) Grant funding in the amount of $75,000 and appropriate the funds to enforce laws to prohibit furnishing alcohol to minors and possession of alcohol by persons under the age of 21, as well as other alcohol-related crimes.
Financial Implications: Alcohol Beverage Control Fund - $75,000
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,533–N.S.

19. All-Way Stop at Eastshore Highway and Hearst Avenue (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the placement of stop signs on the northbound approach of Eastshore Highway at Hearst Avenue, creating a three-way stop at this intersection.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,534–N.S.

20. Contract No. 5889 Amendment: JACO Environmental, Inc. for Hauling and Recycling Refrigerated Appliances from the Transfer Station (pdf)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 5089 with JACO Environmental, Inc. for hauling and recycling refrigerated appliances from the Berkeley Transfer Station, increasing the amount by $25,000, for a total amount not to exceed $225,000, and extending the term to June 30, 2010.
Financial Implications: Refuse Fund - $25,000
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,535–N.S.

21. Repeal and Reenact BMC Chapter 17.12 - Flood Zone Development Ordinance (pdf) 
From: City Manager
Recommendation: Adopt first reading of an Ordinance to repeal and reenact Chapter 17.12 of the Berkeley Municipal Code regulating flood zone development, to comply with current National Flood Insurance Program requirements.
Financial Implications: See report.
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted first reading of Ordinance No. 7,104–N.S.  Second reading scheduled for July 14, 2009.

22. Request for Two Additional Parks and Recreation Commission Meetings in 2009 (pdf)
From: Parks and Recreation Commission
Recommendation: Adopt a Resolution approving two additional Parks and Recreation Commission meetings for calendar year 2009.
Financial Implications: None.
Contact: Virginia Aiello, Commission Secretary, 981-6700
Action:  Adopted Resolution No. 64,536–N.S.

Council Consent Items

23. Reappointments and Vacancy Announcements - Berkeley Housing Authority (BHA) Board of Commissioners (pdf)
From: Mayor Bates
Recommendation:

1.   Publicly announce a vacancy on the BHA Board of Commissioners.

2.   Schedule the appointment of a new Commissioner and the reappointment of tenant representatives Adolph Moody and Dorothy Hunt to the BHA Board of Commissioners for the City Council Meeting of September 22, 2009.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Action:  Approved recommendations.

24. Relinquishment of Council Office Budget: Fourth Annual Berkeley International Food Festival (pdf)
From: Councilmembers Moore and Maio
Recommendation: Adopt a Resolution to approve the expenditure, not to exceed $500 with funds relinquished to the City’s General Fund from Councilmembers discretionary Council Office Budgets to contribute to the 4th Annual Berkeley International Food Festival.
Financial Implications: None
Contact: Councilmember Darryl Moore, Councilmember, District 2, 981-7120
Action:  Adopted Resolution No. 64,537–N.S.

25. Relinquishment of Council Office Budget for Berkeley Juneteenth Festival (pdf)
From: Councilmember Anderson
Recommendation: Adopt a Resolution to approve the expenditure of an amount not to exceed $250 to the Berkeley Juneteenth Festival with funds relinquished to the City’s General Fund for this purpose from any participating Councilmember’s Council Office Budget to be used for operations and security at the 2009 Berkeley Juneteenth Festival.
Financial Implications: None
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Adopted Resolution No. 64,538–N.S.

26. Relinquishment of Council Office Budget for Berkeley Juneteenth Association, Inc. (pdf)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to approve the expenditure of $200 to the Berkeley Juneteenth Festival with funds relinquished to the City’s General Fund for this purpose from Councilmember Worthington’s Council Office Budget to be used for operations and security at the 2009 Berkeley Juneteenth Festival.
Financial Implications: Councilmember Worthington's Discretionary Budget - $200
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,539–N.S

27. City Sponsorship of the 35th Annual Solano Stroll (pdf)
From: Councilmember Capitelli
Recommendation: That the City of Berkeley cosponsor the 2009 Solano Stroll to be held on Solano Avenue on Sunday, September 13, 2009; that the Council 1) give permission for use of the name of the City of Berkeley and the City's logo in media coverage of the Solano Avenue Stroll (this includes print, internet, radio and television media); and 2) provide services from Police, Transportation and Public Works departments as have been provided in the past.
Financial Implications: See report
Contact: Laurie Capitelli, Councilmember, District 5, 981-7150
Action:  Adopted Resolution No. 64,540–N.S.

28. Revisions to the Policies Regarding Minor Encroachments to the Public Right of Way (pdf) 
From: Councilmembers Capitelli, Wengraf and Anderson
Recommendation: Request that the City Manager direct staff to:

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 the lowest enforcement priority for City staff, with the exception of safety hazards, such as but not limited to sight-line impairments 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:  Moved to Action Calendar.  4 speakers.  Continued to July 14, 2009.

29. City Co-Sponsorship of the PACES Celebration of the 89th Birthday of Cragmont Rock Park on October 4th, 2009 (pdf)
From: Councilmember Wengraf
Recommendation: Adopt a Resolution co-sponsoring the PACES (a dance/poetry collaborative performing company) Celebrates Cragmont Rock Park's 89th Birthday on October 4th, 2009 at Cragmont Rock Park.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 64,541–N.S.

30. Relinquishment of Council Office Budget: Wee Poets 25th Year Anniversary Fundraiser (pdf)
From: Councilmember Worthington
Recommendation: Adopt a Resolution to approve the expenditure, not to exceed $2,500 to Wee Poets 25th year Anniversary Fundraiser with funds relinquished to the City’s General Fund for this purpose from Councilmember Worthington’s Council Office.
Financial Implications: Councilmember Worthington's Discretionary Budget - $2,500
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Adopted Resolution No. 64,542–N.S.

Action Calendar – Public Hearing

31. Fees: Establishing Refuse and Organics Collection Rates (pdf)
From: City Manager
Recommendation: Conduct a public hearing, complete the majority protest process required by Proposition 218 as adopted by Council Resolution No. 64,424–N.S., and upon the conclusion of the public hearing, if there is no majority protest, adopt a Resolution setting rates for residential and commercial refuse collection, recycling and special services, and rescinding sections 1-20 of Resolution No. 63,355–N.S., effective July 12, 2009.
Financial Implications: See report.
Contact: Tracy Vesely, Budget Manager, 981-7000

Public Testimony: The Mayor opened the public hearing. 8 speakers.  M/S/C (Anderson/Moore) to close the public hearing. M/S/C (Worthington/Moore) to re-open the public hearing. M/S/C (Maio/Arreguin) to close the public hearing.

Action: M/S/C (Maio/Worthington) to adopt Resolution No. 64,543–N.S. setting rates for residential and commercial refuse collection, recycling and special services, and rescinding sections 1-20 of Resolution No. 63,355–N.S., effective July 12, 2009.

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

32. Bonds Issuance Not to Exceed $10 Million for The Wesley Foundation at the University of California, Berkeley (pdf)
From: City Manager
Recommendation: Conduct a public hearing to receive testimony from any members of the public interested in matters related to the issuance by the California Statewide Communities Development Authority (the "Authority") of revenue bonds for the Wesley Foundation in an amount not to exceed $10 million, and upon conclusion, adopt a Resolution approving issuance of the revenue bonds by the Authority.
Financial Implications: No city funds are involved with this item.
Contact: Robert Hicks, Finance, 981-7300

Public Testimony: The Mayor opened the public hearing. 2 speakers.  M/S/C (Maio/Moore) to close the public hearing.

Action: M/S/C (Worthington/Wengraf) to adopt Resolution No. 64;544–N.S. approving the issuance of revenue bonds by the California Statewide Communities Development Authority for the Wesley Foundation in an amount not to exceed $10 million.

Vote: All Ayes

Action Calendar – New Business

33. Voting Delegates - League of California Cities (pdf)
From: City Manager
Recommendation: Designate a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Friday, September 18, 2009, at the San Jose Convention Center.
Financial Implications: General Fund - $550
Contact: Deanna Despain, City Clerk Department, 981-6900

Action: Moved to Consent Calendar.  Approved the City Manager’s recommendation to designate Councilmember Darryl Moore as a voting delegate for the business meeting of the Annual League of California Cities meeting to be held on Friday, September 18, 2009, at the San Jose Convention Center.

34. Downtown Area Plan: EIR Certification & CEQA Findings; Adoption of General Plan Amendments; and Adoption of Downtown Area Plan (pdf)
Supplemental Agenda Material (pdf)
From: City Manager
Recommendation: 

1. Adopt Resolution certifying EIR and making required CEQA findings;

2. Adopt Resolution amending General Plan for consistency with Downtown Area Plan;

3. Adopt Resolution approving the Downtown Area Plan.

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

Action: M/S/C (Maio/Capitelli) to direct staff to return with the Downtown Area Plan for adoption with the following recommendations:

1.                  Downtown District renamed Outer Core area

2.                  Corridor-Buffer renamed Buffer area

 3.      Amend Policy LU-7.1, (c) (page 45) to read as follows:

(c) The City should allow a mixed-use project on the Herrick site and should redesignate the site as Corridor-Buffer if a proposed non-UC project incorporates health care for the community, such as through the provision of a community-serving health clinic, primary care, or similar facility, on the Herrick site or in its on property in the general vicinity of the Downtown Area

Staff to consider the following revisions/additions:

  • Amend Policy ES-2.5, ¶ (g) (page 25) to read as follows:

Develop a model affordable housing and green building project on the City-owned Berkeley Way parking lot (see Policies LU-2.2 & HC-4.2), while not reducing the number of publicly available off-street parking spaces in locations north of University Avenue that are close enough to the Core Area to provide parking for persons with destinations in the Core Area (see Policy AC-1.3).

  • Amend the last paragraph of the resolution adopting the DAP to read as follows:

      NOW, THEREFORE, BE IT FINALLY RESOLVED that the 2009 Downtown Area Plan is hereby adopted as shown in EXHIBIT C and that following Council approval, staff shall publish a revised Downtown Area Plan that reflects the changes set forth below approved herein, and that minor corrections such as to spelling, punctuation, or syntax may be made by staff without Council approval provided that they do not change the meaning of any goal, policy, or action.

                                    The “Downtown District” shall be redesignated the “Outer Core District”.

                                    The “Corridor Buffer District” shall be redesignated the “Buffer District”.

                        Figure LU-1: Land Use Map shall be amended to indicate that the height limit in the part of the Outer Core District to the west of Milvia Street, except for parcels that front of University Avenue, shall not exceed 85 feet.

 

  • Add the following language to Table LU-1 regarding allowing increased heights for UC buildings: “The 100 foot height limit for University projects applies only to properties that UC owned as of July 1, 2009”

 

  • Amend Policy LU-3.3 to add: “Preserve historic buildings and sites in the Downtown and encourage their adaptive reuse and intensification where appropriate”

 

  • Amend the Land Use Chapter to add the following language from DAPAC Policy LU-1.3 about the relationship between Density Bonuses and maximum allowable height: “Maximum allowable building heights should be considered as absolute maximums, measured to the top of parapet or midpoint of the roof and inclusive of the State Density Bonus or any other bonus provision.  Through its development standards, the City should define  "base projects" maximums, so that height maximums are not exceeded.”

 

  • Add the following language to the Land Use Chapter:No zoning revisions allowing increased heights will be in effect until the requirements (including the scorecard proposed in Policy LU-8.2) and fees called for in this plan are in place.”

 

  • The current language in Policy LU-6.2 deals solely with 'vertical' transitions between structures and is silent on the equally important horizontal separation between two very different land uses.  Currently horizontal separations between Commercial and Residential districts and uses are controlled by BMC Section 23E.04.050 (Special Yard Requirements for C- Lots Abutting Residential Zones).  Councilmember Arreguin requests that staff consider adding following mandatory setback requirements as modified from 23.E.04.050 as LU-6.2: “A. Any structure that is located in the Downtown District or Corridor Buffer areas  a commercial District that abuts or confronts a lot or lots in a residential District shall conform to the following yard setback requirements unless otherwise specified by the provisions of an individual District:

B. The minimum width of any side yard shall be five (5) feet;

C. The minimum depth of any rear yard shall be ten (10) feet, or ten percent (10%) of the depth of the lot, whichever is greater;

D. The minimum depth of any front yard, or the minimum width of any side yard on the street side, shall be 5-ft the same required yard as specified for the adjacent residential District;

E. The Board may approve a Use Permit authorizing yards smaller than those required above if it finds that such smaller yard would provide greater privacy or improved amenity to a lot in the residential District.”

 

  • As building heights in the R-2A and R-3 Districts in the Downtown Area Plan are generally between 18 and 25-ft are limited to a maximum of 35-ft (by right in R-3 and with a use permit in R-2A) and are typically along narrow public right-of-ways, Councilmember Arreguin further recommends that LU-6.2.a  be amended to read:”a) For projects in Downtown District and Corridor-Buffer areas that immediately abut or confront an existing residential building on a residentially zoned designated property, the new building should step down to be similar to the height of the existing residential building or 35 45 feet, whichever is greater, and should not exceed 65 feet within 40 feet of any residentially designated property. The required depth of this “stepback” shall be evaluated and determined as Zoning provisions are revised, and be sufficient for mitigating significant shadow and privacy impacts on abutting residentially zoned parcels, but in no case shall be less than 10-feet.”

 

  • Amend Figure LU-2, Allowable Building Heights to prohibit 120 foot buildings on properties in the Downtown District area to the west of Milvia except those parcels that front University Avenue.

 

  • Amend Policy AC-3.6 as follows:”Policy AC-3.6: Residential Parking. In neighborhoods near Downtown, where parking demand by non-residents is high, offer residents options for managing the supply of on-street parking and mitigating the impacts of parking by non-residents. a. Evaluate Establish alternatives for managing demand by non-residents, such as residential permit parking on one side of the street with parking meters on the other side. as installation of metered parking an the use of residential parking permits.

 

  • Amend revised Policy ES-2.5 and LU-2.2 as follows:

Policy LU-2.2 (e)Develop a model affordable housing and green building project on the City-owned Berkeley Way parking lot. Any project on this site should be a “green” demonstration project with a "zero-carbon" (or net-zero energy footprint).  Consider the replacement of parking as part of the project design.

 

Policy ES-2.5 (g)Develop a model affordable housing and green building project on the City-owned Berkeley Way parking lot. Any project on this site should be a “green” demonstration project with a "zero-carbon" (or net-zero energy footprint).  Consider the replacement of parking as part of the project design. while simultaneously considering it as a location to provide adequate parking within an overall consolidated parking and transportation demand management strategy. 

 

  • Amend revised Policy LU-1.1 to add the following sentence: “and if necessary require modifications to the project design including setbacks, step backs to reduce view and shadow impacts”

 

  • Amend footnote 2 for Table LU-1 on Page 37 to limit the number of non-UC office buildings to one building to address the jobs-housing imbalance:” (2) For building parts above 85 feet, stepbacks apply to non-UC development, specific standards to be defined consistent with other DAP Policies. Not more than two one taller exceptions (non-UC) may be office buildings.”

 

  • Add the following new Goal to the Land Use Chapter:

 

GOAL LU-9.  COORDINATE FUTURE DEVELOPMENT, PUBLIC IMPROVEMENTS, FEES, TAXES, AND OTHER FUNDING OPPORTUNITIES, FOR THE ORDERLY AND ATTRACTIVE TRANSFORMATION OF THE DOWNTOWN.

 

Policy LU-9.1. Affirm existing fees or establish new provisions for fees when Downtown Area Plan development provisions become effective. The new development approval provisions shall not become effective until these fees are in place. The creation of new fees should be accompanied by careful analysis (including "nexus" studies to establish a connection between the payment of fees and the receipt of benefits). All should be structured to increase with increased project size and intensity (with refinements to this basic formula resulting from the aforementioned "nexus" studies). Fees called for in this Plan include:

 

Open Space Fees. Establish an Open Space Fee (or similar mechanism) for the creation of new and enhancement of existing streetscapes and public open space, and their maintenance. Require all new development to contribute to the Downtown Open Space Fund (or similar mechanism). Develop priorities for the expenditure of these funds, with Center Street Plaza given highest priority.

 

Housing Fees. For residential projects that choose not to include Inclusionary Housing,

require payment into the Housing Trust Fund, as an in-lieu fee. Office

and other commercial uses should be required to pay appropriate housing

mitigation fees. Give priority to spending these funds within the

Downtown Area, and give highest priority to an affordable housing

project on the Berkeley Way parking lot.

 

Transportation Services Fees. For the Downtown Area, the City should create a

Transportation Services Fee. The Fee should be based on

estimates of trips generated and can be reduced by implementation of trip

reduction, such as providing Eco Pass or Commuter Check subsidies and

car-sharing.

 

Parking In-Lieu Fees. Establish a fund for Consolidated 409 Parking and

transportation demand improvements (as called for in the Access chapter)

to receive parking in-lieu fees as called for in this Plan, and to pay

accumulated funds on projects identified and prioritized.

 

Hotel Occupancy Taxes. Not less than 50% of all transient occupancy

tax revenues (hotel tax) generated within the Downtown Area should be

earmarked for Downtown streetscape and open space improvements. A newly created Open Space Fund may provide the appropriate vehicle (see above). Transient Occupancy Tax revenues should be dedicated as described for the duration of this

Downtown Area Plan, or until the improvements called for are completed.

 

Parking Revenues. All revenues that result from increasing the price of

parking on-street and in public parking garages should be spent on

streetscape and open space improvements, transportation improvements,

public facilities for the benefit of the general public (like bathrooms), and

the ongoing maintenance of streetscapes, open spaces, and public facilities

for the benefit of the general public.

 

Child Care Fee. Enforce Child Care Fee requirements for new

construction and changes in use. Encourage increased childcare in and

near Downtown.

 

Vacancy Tax. Explore creation of a "vacancy tax" to deter commercial or

residential vacancies, such as a tax at a rate equivalent to what the City

would collect in taxes and fees from the vacant property if it were rented

at 75% of the asking rent or the rental rate paid by the last occupant,

whichever is higher. If implemented, not less than 50% of all vacancy tax

revenues generated within the Downtown should be earmarked for Downtown streetscape and open space improvements and maintenance, and transportation improvements.

 

  • Amend Policy AC 1.1 (e) and replace it with the language from the DAPAC’s proposed Access Chapter as shown below:

 

e) Give specific consideration to street and open space improvements identified as “Street and

Open Space” Opportunities” (see Policy OS-1.2 and Figure OS-1).

 

Center Street Plaza. Create a pedestrian-oriented urban space and prioritize pedestrian

access on Center Street between Shattuck Avenue and Oxford, the primary pedestrian

connection between BART and the UC campus. Close Center Street Plaza 2369 to traffic, except

for drop-offs, delivery, and emergency services. Creation of the Plaza is of critical

importance. Consider phasing and design options that minimize negative impacts on Center

Street merchants, and consider design options that address impacts. Phase construction of

the new Center Street Plaza and utility improvements, so that segments become operational

at the same time as the development on the north side of Center Street occurs. Consider

providing bicycle access through the pedestrian plaza to accommodate safe and direct

access to the UC Berkeley campus. Paths between uses on the north and south sides of the

Plaza should be reasonably direct.

 

Close Center Street between Shattuck Avenue and Oxford to traffic so that a pedestrian plaza can be created. Provide for adequate emergency vehicle access and for deliveries to plaza-facing businesses. To minimize construction impacts on Center Street merchants,

attempt to construct the new Center Street Plaza so that it will become operational at the same time as the development on the north side of Center Street. Monitor impacts on retail that may result from Center Street's closure, considering design options that might

provide for one-way traffic in the future, if limited access becomes necessary.

Incorporate multiple midblock crossings into the design of Center Street.

 

  • Amend Policy OS 1.2 and replace it with the language from the DAPAC’s proposed Open Space Chapter as shown below:

 

Policy OS-1.2.1: Center Street Plaza.

a) Establish a Center Street Plaza (for the right-of-way of Center Street east of

Shattuck) as the major public gathering place in the Downtown and as a model

for sustainable design.

 

b) Close Center Street between Shattuck Avenue and Oxford to traffic so that a pedestrian plaza can be created. Provide for adequate emergency vehicle access and for deliveries to plaza-facing businesses. To minimize construction impacts on Center Street merchants, construct the new Center Street Plaza so that it will become operational at the same time as the development on the north side of Center Street. Monitor impacts on retail that may result from Center Street's closure, considering design options that might

provide for one-way traffic in the future, if limited access becomes necessary.

Incorporate multiple midblock crossings into the design of Center Street.

 

c) Provide suitably designed open space for gathering and performances. Design

Center Street so as to maximize the usefulness, ambiance, and amenities of the

new public open space for pedestrians and those with mobility impairments.

Include a variety of pedestrian amenities such as benches, trees, and plantings, a

mix of hardscape and greenscape, and public art in order to make the public

space an attractive place to walk, sit, and linger.

 

d) Incorporate ecologically beneficial features, as described in Goal OS-2.

 

e) Use design and a water feature to suggest the extension of Strawberry Creek

through the Plaza. Study whether it is practical to redirect water from

Strawberry Creek for the creation of this water feature, and study the relative

merits of redirecting Strawberry Creek versus using recirculated water.

 

f) Work with AC Transit to identify suitable bus stop and layover locations, such

that changes to Center Street do not result in degraded service.

 

g) Work with developers of abutting projects (i.e., the Hotel-Conference Center

and Berkeley Art Museum / Pacific Film Archive) to ensure an active and

transparent edge along Center Street, and consideration of modulated edges and

pockets of open space. Work with designers of abutting projects to ensure that

their projects relate to the design of Center Street and strengthen the relationship

between Downtown and the UC Campus.

 

  • Add a new ¶ (m) under policy AC-4.4 (page 67) to read as follows:

 

            m)      In implementing Policy AC-4.4, consider, the strategies, policies and recommendations in the June 11, 2009, letter from AC Transit concerning improving transit and access to transit Downtown.

 

  • Corporate Responsibility of New Hotels” referral:

      Add a new ¶ (d) under “ED-1.9: Hotels” (pages 112-113) as follows:

      d)      Evaluate the impacts of hotels during the permit review process with respect to the impact of anticipated hotel employees on the demand for housing, transit and other public services, and measures that would be taken by the hotel to mitigate those impacts.

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

Recess: 8:30 p.m. – 8:45 p.m.

35. Berkeley Way Lot Parking Rate Structure (pdf)
From: City Manager
Recommendation: Adopt a Resolution establishing a parking rate structure specifically for the Berkeley Way Off-Street Municipal Parking Lot that: 1.  Increases the Pay-and-Display (P&D) station parking rate to $2.00 per hour for the first two hours, and $3 per hour for the 3rd and 4th hours of parking in this lot; and 2.  Increases the cost of the 12-minute minimum parking time that must be purchased by coin or credit/debit card at a P&D station from 25¢ to 40¢.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300

Action: 0 Speakers.  M/S/C (Wozniak/Anderson) to adopt Resolution No. 64,545–N.S. revised to establish a parking rate structure specifically for the Berkeley Way Off-Street Municipal Parking Lot that: 1.  Increases the Pay-and-Display (P&D) station parking rate to $1.50 per hour for the first two hours, and $2.50 per hour for the 3rd and 4th, 5th and 6th hours of parking in this lot; and 2.  Increases the cost of the 12-minute minimum parking time that must be purchased by coin or credit/debit card at a P&D station from 25¢ to 40¢.

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

Absent: Councilmembers Arreguin and Worthington – 10:47 p.m. – 10:55 p.m.

36. Zoning Ordinance Revisions to Encourage Economic Development in the Downtown (pdf)
From: Planning Commission
Recommendation: Adopt first reading of an Ordinance with amendments to Berkeley Municipal Code Sections 23E.68.030, 23E.68.040, and 23E.16.040 that would help reduce the cost and time required to change or establish revenue-generating uses in the Downtown.
Financial Implications: See report
Contact: Jordan Harrison, Commission Secretary, 981-7400

Action:  0 Speakers.  Adopted first reading of Ordinance No. 7,106–N.S. with amendments to Berkeley Municipal Code Sections 23E.68.030, 23E.68.040, and 23E.16.040 that would help reduce the cost and time required to change or establish revenue-generating uses in the Downtown.  Size limits to apply to Department stores.  Second reading scheduled for July 14, 2009.

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

Action Calendar – Council Items

37. 740 Heinz – Certify ZAB And LPC Actions For Review And Set Public Hearing For July 23, 2009 (pdf) 
From: Mayor Bates
Recommendation:
Request that the City Council:

  1. Use Permit and Variance No. 05-10000017 and Demolition Permit No. 05-40000019, for the project at 740 Heinz, for review by the Council, and
  2. 2)     Add this item on the Council’s agenda for the July 23, 2009 Council meeting.  Alternatively, if the ZAB and LPC fail to act on the project at their July 2, 2009 joint meeting, take no action.

Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

Action: Moved to Consent Calendar. Approved the Mayor’s recommendation to 1)  Consider certification of the Zoning Adjustments Board’s (ZAB) and Landmarks Preservation Commission’s (LPC) actions regarding Use Permit and Variance No. 05-10000017 and Demolition Permit No. 05-40000019, for the project at 740 Heinz, for review by the Council, and. 2) Add this item on the Council’s agenda for the July 23, 2009 Council meeting. 

38. 1200 Ashby Avenue – Certify ZAB Action For Review And Set Public Hearing For July 23, 2009 (pdf) 
From: Mayor Bates
Recommendation: Request that the City Council:

  1. Consider certification the Zoning Adjustments Board’s (ZAB) action regarding Use Permit Modification No. 09-70000010, for the project at 1200 Ashby Avenue, for review by the Council, and
  2. Add this item on the Council’s agenda for the July 23, 2009 Council meeting.

Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

Action: Moved to Consent Calendar. Approved the Mayor’s recommendation to 1) Consider certification the Zoning Adjustments Board’s (ZAB) action regarding Use Permit Modification No. 09-70000010, for the project at 1200 Ashby Avenue, for review by the Council, and 2) Add this item on the Council’s agenda for the July 23, 2009 Council meeting.

39. 3240 Sacramento Street – Certify ZAB Action For Review And Set Public Hearing For July 23, 2009 (pdf) 
From: Mayor Bates
Recommendation: Request that the City Council:

  1. Consider certification of the Zoning Adjustments Board’s (ZAB) action regarding Use Permit No. 08-10000127, for the project at 3240 Sacramento, for review by the Council, and
  2.  Add this item on the Council’s agenda for the July 23, 2009 Council meeting.

Financial Implications: See report
Contact: Tom Bates, Mayor, 981-7100

Action: Moved to Consent Calendar. Approved the Mayor’s recommendation to 1) Consider certification of the Zoning Adjustments Board’s (ZAB) action regarding Use Permit No. 08-10000127, for the project at 3240 Sacramento, for review by the Council, and. 2) Add this item on the Council’s agenda for the July 23, 2009 Council meeting.

40. Request for City Comments on the High Energy Plasma Laser Accelerator (pdf)
From: Councilmember Worthington
Recommendation: Direct the City Manager/Planning Director to formally submit comments on the Department of Energy’s (DOE) Environmental Assessment for a proposed High Energy Plasma Laser Accelerator to be located at the Lawrence Berkeley National Laboratory (LBNL) and to ask that DOE/LBNL 1) mail individual notices regarding this project to the closest, potentially impacted residences in Northeast Berkeley and 2) extend the comment period to 60 days due to the summer holiday season.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

Action: 2 speakers.  No action taken.

Information Reports

41. 2020 Vision for Children and Youth-First Year Accomplishments (pdf) 
From: City Manager
Contact: Phil Kamlarz, City Manager's Office, 981-7000
Action:  Received and filed.

42. Evaluation of Request to Establish 15 MPH Speed Limits on Streets Around Schools (pdf)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action:  Received and filed.  Item referred to the Agenda Committee by Councilmember Wozniak.

43. Unrepresented Temporary Employee (pdf)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

44.   **Removed from agenda by City Manager**Status Report on the Aquatic Park Cleaning Project

Public Comment – Including Items Not Listed on the Agenda –

Adjourned at 11:23 p.m. in honor of Julia Craig and Michael Jackson.

Communications

Item 34: Downtown Area Plan: EIR Certification & CEQA Findings; Adoption of General Plan Amendments; and Adoption of Downtown Area Plan
1.      Phil Kamlarz, City Manager
2.      Nancy Skowbo, on behalf of AC Transit

Bevatron Demolition
3.      Mark Chekal-Bain, Lawrence Berkeley National Laboratory

Sidewalk Fall
4.      Julie Aquino – Referred to City Manager by Councilmembers Maio, Arreguin and Wengraf. 

Supplemental Communications and Reports 1

Item 28: Revisions to the Policies Regarding Minor Encroachments to the Public Right of Way
5.  Susan Schwartz

Item 34: Downtown Area Plan: EIR Certification & CEQA Findings; Adoption of General Plan Amendments; and Adoption of Downtown Area Plan

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

6. Claudette Begin
7. Joel Ramos, on behalf of TransForm
8. Martha Nicoloff (2)
9. Jurgen Aust
10. James Paxson
11. Judith Lubman
12. Stephen Wollmer
13. Daniella Thompson

Item 40: Request for City Comments on the High Energy Plasma Laser Accelerator
14. Mark Chekal-Bain, Lawrence Berkeley National Laboratory

Supplemental Communications and Reports 2

Item 34: Downtown Area Plan: EIR Certification & CEQA Findings; Adoption of General Plan Amendments; and Adoption of Downtown Area Plan

15. Jesse Arreguin, District 4
16. Kriss Worthington, District 7
17. Juliet Lamont
18. Shirley Dean, on behalf of GASP (Green Action through Smarter Planning)
19. Clifford Fred
20. Carol Stone
21. Wilson Wendt, Miller Starr Regalia
22. Fatemeh Aghyan

Item 40: Request for City Comments on the High Energy Plasma Laser Accelerator
23. Committee to Minimize Toxic Waste

Save Strawberry Creek Watershed
24. Petitions submitted by the Preserve the Strawberry Creak Watershed Alliance

 

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