City Council eSummary - 02/17/04

Consent Calendar

Action: Moved, seconded,carried (Maio/Worthington; Abstain - Shirek) to adopt the Consent Calendar in one motion except as indicated:

1. Contract: Seventh Street Improvements (PDF, 238 KB)

From: City Manager

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the contract with Ray’s Electric, Inc. for the Seventh Street Improvements Project, increasing the existing contract amount by $81,000 for a total not to exceed $1,117,195.

Financial Implications: Bayer Fund - $81,000.

Contact: Rene Cardinaux, Public Works, 981-6330

Action: Adopted Resolution No. 62,385 – N.S. (PDF, 82 KB)

2. Presentation: Health Effects of Cellular Antennas (PDF, 57 KB)

From: Councilmember Hawley

Recommendation: Schedule time on February 17, 2004, after the Council has voted on the 1600 Shattuck Avenue appeal, for a presentation by our Public Health Officer, Poki Namkung, on the health effects of antennas such as those proposed for this site. Should the Council not vote on this issue prior to February 17, schedule the presentation for the meeting after the vote has been taken.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Hawley/Olds, Abstain – Maio, Spring; Absent–Breland) to schedule a presentation of no more than fifteen minutes at the meeting of March 9, 2004.

3. Berkeley Liberation Radio 104.1 (PDF, 111 KB)

From: Councilmember Worthington

Recommendation: Adopt a Resolution in support of Berkeley Liberation Radio 104.1 and urging federal, state and local officials to support policies and practices that encourage diverse local non-commercial media.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action: Adopted Resolution No. 62,386 – N.S. (PDF, 169 KB) (Abstain–Shirek, Hawley, Wozniak)

4. Proclamation: Medical Marijuana Awareness Week (PDF, 136 KB)

From: Councilmember Worthington

Recommendation: Approve a proclamation to designate and honor the week of February 15 through February 22, 2004 as Medical Marijuana Awareness Week.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action: Approved proclamation.

5. Support Local Taxpayers and Public Safety Protection Act (PDF, 947 KB)

From: Councilmember Worthington

Recommendation: Support Local Taxpayers and Public Safety Protection Act planned for the November 2004 statewide ballot, which would increase local control over local tax dollars.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action: Approved recommendation.

6. Support Proposition 55: Kindergarten-University Public Education Facilities Bond Act (PDF, 123 KB)

From: Councilmember Worthington

Recommendation: Support Proposition 55 (AB16 – Hertzberg) Kindergarten-University Public Education Facilities Bond Act of 2004 on the March 2, 2004 ballot, which would provide for a $12,300,000,000 bond issue to fund necessary education facilities.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action: Approved recommendation.

7. Reducing the Number of Waterfront Commission Meetings

a. From: Waterfront Commission (PDF, 225 KB)

Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 3.36.050 to eliminate the requirement that the Commission hold one meeting per month with the intent of reducing the number of regular meetings to six per year.

Financial Implications: Undetermined savings in staff time.

Contact: Cliff Marchetti, Secretary, 981-6376

b. From: City Manager (PDF, 54 KB)

Recommendation: The City Manager concurs with the recommendation of the report.

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700

Action: Removed from the Consent Calendar by Councilmember Worthington. Moved, seconded, carried (Worthington/Maio, Absent–Breland) to adopt first reading of the Ordinance and clarifying that it is not the Council’s intent to limit the number of meetings held by the commission each year. Second reading scheduled for February 24, 2004.

8. San Francisco Bay Water Trail

a. From: Waterfront Commission (PDF, 3 MB)

Recommendation: Endorse the concept of a San Francisco Bay Water Trail and send the endorsement to Bay Access, Inc.

Financial Implications: None.

Contact: Cliff Marchetti, Secretary, 981-6376

b. From: City Manager (PDF, 53 KB)

Recommendation: The City Manager concurs with the recommendation of the commission.

Contact: Marc Seleznow, Parks, Recreation and Waterfront, 981-6700

Action: Approved recommendation.

Old Business

9. Appeal: 1600 Shattuck Avenue (Public Hearing closed on 1/20/04. Council discussion held on 1/27/04 and 2/10/04.)

a. From: City Manager (PDF, 9 MB) (to be delivered)

Recommendation: Adopt a Resolution and findings approving the decision of the Zoning Adjustments Board to approve a Use Permit to establish a Sprint Wireless Communication Facility consisting of three antennas on the rooftop and associated equipment in the basement at 1600 Shattuck Avenue.

Contact: Dan Marks, Planning, 981-7400

b. From: Councilmember Spring (PDF, 237 KB) (February 10, 2004)

Recommendation: Overturn the Zoning Board’s approval of the 1600 Shattuck Use Permit.

Contact: Dona Spring, Councilmember District 4, 981-7140

c. From: City Manager (PDF, 3 MB) (January 20, 2004)

Consultant Report (PDF, 662 KB)

Recommendation: Conclude the public hearing and direct staff to prepare a Resolution and findings to approve a Use Permit to establish a Sprint Wireless Communication Facility consisting of three antennas on the rooftop and associated equipment in the basement at 1600 Shattuck Avenue.
Financial Implications: None.

Contact: Dan Marks, Planning, 981-7400

d. From: City Manager (PDF, 208 KB) (October 21, 2003)

Recommendation: Without taking any public comment at tonight’s meeting, continue the public hearing to January 20, 2004 to allow adequate time for public review of an engineering report providing independent evaluation of technical aspects of the proposed project, and the attendance of all involved parties.

Contact: Dan Marks, Planning, 981-7400

e. From: City Manager (PDF, 239 KB) (September 16, 2003)

Recommendation: Conduct a Public Hearing, allowing each of the two appellants and the applicant five minutes each to summarize their position, and continue the hearing until October 21, 2003 to allow adequate time for public view of an engineering report providing independent evaluation of technical aspects of the proposed project.

Contact: Dan Marks, Planning, 981-7400

f. From: City Manager (PDF, 414 KB) (from June 17, 2003)

Recommendation: Open the public hearing, allow each of the two appellants and the applicant five minutes each to summarize their position, and continue the hearing until July 15, 2003 to allow completion of an engineering report providing independent evaluation of technical aspects of the proposed project.

Contact: Phil Kamlarz, Planning, 981-7400

g. From: City Manager (PDF, 2 MB) (from April 1, 2003)

Attachments:

Part 1 (PDF, 591 KB)

Part 2 (PDF, 4 MB)

Part 3 (PDF, 2 MB)

Part 4 (PDF, 5 MB)

Part 5 (PDF, 8 MB)

Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval of the Use Permit to establish a Sprint Wireless Communication Facility including 3 antennas on the rooftop and associated BTS (wireless telecommunications) equipment in the basement, UP# 02-10000053, and dismissing the appeal.

Contact: Carol Barrett, Planning, 981-7400

h. Appeals (from April 1, 2003)

1. Frances Strassman, Kaoru T. Reynolds, Shahram Shahruz, Simone Gaddini, Daniel Wolfe and Patricia Cloud. (PDF, 616 KB)

2. Lawrence Teeter on behalf of TanyaTemkin, Val Peters, Emily Freeman and Melinda Lopez

Part 1 (PDF, 8 MB)

Part 2 (PDF, 11 MB)

Part 3 (PDF, 9 MB)

Part 4 (PDF, 7 MB)

Contact: Sherry Kelly, City Clerk 981-6900

1. Addenda to Appeal submitted by Frances Strassman, Shahram Shahruz, Kaoru Reynolds, Simone Gaddini, Patricia Cloud, Daniel Wolfe
Part 1 (PDF, 13 MB) | Part 2 (PDF, 9 MB)

2. Addendum to Appeal submitted by Tanya Temkin, Val Peters, Emily Freeman and Melinda Lopez (PDF, 5 MB)

Communications Part 3 (#3-18) (PDF, 6.4 MB)

3. Klaus Rudolph

4. Sarah Jones

5. Shahram Shahruz

6. Frances Strassman (6)

7. Melinda Lopez (2)

8. Cedar Street Homeowners Association

9. Romy Cochran

10. Saul Katz

11. Kyle Eggleston

12. Libby Kelley

13. Klaus Rudolph (2)

14. Gerard Hyland

15. Jeff Inman

16. Penny Hargreaves

17. Delbert Parkinson

18. William F. Allen

Communications Part 4 (#19-54) (PDF, 6.5 MB)

19. Sean Brient

20. Jeffrey N. Saret

21. Frances Strassman

22. Jingang Yi

23. Michael Pahl

24. Fariborz Nadi

25. Gabriel Gomes

26. Himanshu

27. Lesley A. Pulaski

28. Sriram C.K.

29. Kurosh Arianpour

30. Sepanta Sekhavat

31. Heidi Heejune Kim

32. Camille Howard

33. Balaji Kannan

34. Shahram Shahruz, Frances Strassman, Simone Gaddini (3)

35. Ali Imam

36. Riddhi Mehta

37. Kevin Sutton

38. Ahmed Shaer

39. Scott Wheeler (2)

40. Laura Munoz

41. Sue Beazley

42. Kay Bell

43. Mark Karwowski

44. Libby Kelley

45. Chris Pasarra

46. Adam Miller

47. Radi Free

48. Larry Thomas

49. Charlie Anderson

50. Ali Jabbari

51. Jennifer Chan

52. Balaji Kannan

53. Pauline Pewther-Property Manager, Keely Property Management

54. Sausedo Company, Dennis Martin for Sprint PCS

j. Supplemental Communications 1 (PDF, 2 MB) (from April 1, 2003– numbering follows original sequence)

9. Melinda E. Lopez

10. Robert Riedlinger

11. Simone Gaddini

12. Yashesh Shroff

13. Carolyn Sweeney

14. Jingang Yi, PhD

15. Shahram Shahruz (2)

16. Frances Strassman (2)

17. Leonard Schwartzburd

18. Frank Harris

19. Kathleen Taylor

20. Laura Munoz

21. Kai Shen

k. Supplemental Communications 2 (from April 1, 2003– numbering follows original sequence)

29. Lawrence Teeter (PDF, 234 KB)

l. Communications (PDF, 2 MB) (from June 17, 2003– numbering follows original sequence)

1. Frances Strassman (2)

2. Shahram Shahruz (10)

3. Appellants: Strassman, Shahruz, Reynolds, Gaddini, Cloud, Wolfe

4. Libby Kelley

5. Jon-Erik Beckjord

6. L.G.

7. Carol Suveda

8. Marsha Hiller

9. Vida Bateau

m. Supplemental Communications 1 (PDF, 310 KB) (from June 17, 2003– numbering follows original sequence)

17. Supplemental Report submitted by City Manager

18. Shahram Shahruz

19. Dennis Martin, Applicant Response to Appeals

n. Supplemental Communications 2 (from June 17, 2003– numbering follows original sequence)

33. Michael Fried (PDF, 3 MB)

o. Communications (from September 16, 2003)

Part 1 (PDF, 16 MB) | Part 2 (PDF, 12 MB)

1. Shahram Shahruz (24)

2. 107 Signed Petitions

3. Mark Rhoades

4. Leonard Schwartzburd (2)

5. Doug Loranger (2)

6. Vida Bateau (2)

7. Robert Riedlinger

8. Radiation Free Gourmet Ghetto (2)

9. Ruth S. Clifford

10. Helena Bautin

11. Arianpour

12. Jingang Yi, PhD

13. Susan Clarke (2)

14. Daniel Wolfe

15. Val Peters

16. Scott Wheeler

17. Joan Levinson (2)

18. Greg Bowman

19. Ayn Lowry

20. Jordan Rothstein

21. Kathie Taylor and Neill Bourke

22. Marianne Robinson

23. Sarah Jones (2)

24. Rand Knox

25. Michael Marchant

26. Connie and Kevin Sutton

27. Helena Bautin

28. Zach Cowan

29. Carrie Olson

30. Leonard Schwartzburd (3)

31. Kriss Worthington

32. Shahram Shahruz

33. Frieda Feen

34. Frank Harris

35. Andrew Packard

36. La Chanteuse

37. PhoeBe ANNE (thomas/sorgen)

38. Barb Wilkie

39. Petitions from Kate Bernier, Rose Vekony, Andrew Joron and Barbara Guest

40. Frances Strassman

p. Supplemental Communications 1 (PDF, 1 MB) (from September 16, 2003– numbering follows original sequence)

7. Tanya Temkin

8. Laurie Gold

9. Ami Kronfeld

10. Sharam Shahruz (4)

11. Barbara Wilke

q. Supplemental Communications 2 (from September 16, 2003– numbering follows original sequence)

24. Shahram Shahruz, Presentation (PDF, 616 KB)

25. Signed Petition, 1110 Signatures: Part 1 (PDF, 11 MB) | Part 2 (PDF, 9 MB)

r. Communications (PDF, 3 MB) (October 21, 2003)

1. Shahram Shahruz (6)

2. Frances Strassman

3. Leonard Schwartzburd (2)

4. Melinda E. Lopez (2)

5. Dennis Martin

6. Ruth S. Clifford

7. Abhishek Singhal

s. Supplemental Communications 1 (from October 21, 2003– numbering follows original sequence)

17. Leonard Schwartzburd (2) (PDF, 180 KB)

t. Communications (PDF, 13 MB) (from January 20, 2003– numbering follows original sequence)

1. Matt Plumb

2. Mika Bulmash (2)

3. Leuren Moret (2)

4. Shahram Shahruz (3)

5. Leonard Schwartzburd

6. Frances Strassman

7. Doug Loranger

8. Connie Sutton

9. Jingang Yi

10. Marianne Robinson

11. Klaus Rudolph

12. Susan Beazley

13. 104 Signed Petitions, submitted by Dennis Martin

14. Mika Bulmash

15. Kathie Taylor and Neill Bourke

u. Supplemental Communications 1 (PDF, 938 KB) (from January 20, 2004 – numbering follows original sequence)

6. Supplemental Report, submitted by Planning Department

7. Shahram Shahruz (2)

8. Moe Akhavi, Barney’s Gourmet Hamburgers

9. Simone Gaddini

10. Thea Bellos

11. Kathie Taylor

12. Frances Strassman

v. Supplemental Communications 2 (from January 20, 2004 – numbering follows original sequence)

14. Appellants: Frances Strassman, Shahram Shahruz, Kaoru Reynolds, Simone Gaddini, Patricia Cloud, Daniel Wolfe (3)

Part 1 (PDF, 11 MB) | Part 2 (PDF, 11 MB)

15. Tanya Temkin and Frances Strassman (PDF, 4 MB)

16. Lawrence Teeter (PDF, 4 MB)

17. Doug Loranger (PDF, 4 MB)

z. Supplemental Communications 4 (PDF, 1 MB) (from January 27, 2004 – numbering follows original sequence)

39. Supplemental Recommendation, submitted by Councilmember Dona Spring

40. Frances Strassman

41. Leonard Schwartzburd

42. Will Ashmore, Sprint PCS

aa. Communications (PDF, 3 MB) (from February 10, 2004)

1. Shahram Shahruz (4)

2. Frances Strassman (2)

3. Sylvia Reichley, Morlin Management Corporation

4. Ruth Clifford

5. Robert Delsman

bb. Supplemental Communications 1 (PDF, 7 MB) (from February 10, 2004 – numbering follows original sequence)

12. Supplemental Report, submitted by Planning Department

13. Shahram Shahruz (3)

14. Michael Mester, Sprint PCS

15. Patrick Kessler

16. Kevin Sutton

17. Mina Davenport

18. Karol K. Sparks, Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLC

19. M.E. Lopez

20. Helena Bautin

21. Afrida Freeman

22. Sarah Jones

23. David Tornheim

24. Doug Loranger

25. Kurosh Arianpour

26. Marianne Robinson

27. Ruth Clifford

cc. Supplemental Communications 2 (PDF, 2 MB) (from February 10, 2004 – numbering follows original sequence)

28. Revised Report, submitted by Councilmember Spring

29. Lawrence Teeter

30. Doug Loranger (2)

31. Melinda Lopez

32. Shahram Shahruz

33. Karol K. Sparks, Barack Ferrazzano, Kirschbaum Perlman & Nagelberg LLC

34. Kai Shen

35. David Tornheim

36. Vida Bateau

37. Frances Strassman

dd. Supplemental Communications 3 (from February 10, 2004 – numbering follows original sequence)

46. Local Control of Cellular Towers Act (PDF, 2 MB)

Actions: Moved, seconded, failed (Maio/Spring; Noes – Shirek, Hawley, Olds, Wozniak; Abstain – Bates) a main motion to adopt a Resolution denying a Use Permit to establish a Sprint wireless communication facility consisting of three antennas at 1600 Shattuck Avenue with findings presented by staff and further amended by Councilmember Maio and overturning the decision of the Zoning Adjustments Board and upholding the appeals.

Moved, seconded, failed (Wozniak/Hawley; Noes – Maio, Breland, Spring; Abstain – Olds, Worthington, Bates) a substitute motion to adopt a Resolution approving a Use Permit to establish a Sprint wireless communication facility consisting of three antennas at 1600 Shattuck Avenue with findings and conditions of approval presented by staff and further amended by Councilmember Maio to include additional security measures and upholding the decision of the Zoning Adjustments Board and dismissing the appeals.

Moved, seconded, carried (Hawley/Olds; Abstain – Spring) a motion to reconsider the substitute motion since the project would automatically be approved by operation of law without a council vote either denying or approving the use permit and in order to require additional findings and conditions as part of the approval of the use permit.

Moved, seconded, carried (Wozniak/Hawley; Noes – Breland, Spring; Abstain – Worthington) a motion to adopt Resolution No. 62,387-N.S. (PDF, 177 KB) approving a Use Permit to establish a Sprint wireless communication facility consisting of three antennas at 1600 Shattuck Avenue with findings and conditions of approval presented by staff and further amended by Councilmember Maio to include additional security measures and upholding the decision of the Zoning Adjustments Board and dismissing the appeals.

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.

New Business

10. Mayor's Task Force on Permitting and Development (PDF, 2 MB) (CF 76-03; 79-03)

PowerPoint Presentation (PDF, 102 KB)

From: City Manager

Recommendation: Direct staff and the Planning Commission to undertake the work program as described in this report, including the major projects already underway and the staff identified “Tier 1” priority items from the Mayor’s Task Force (MTF) recommendations.

Contact: Dan Marks, Planning, 981-7400

Actions: Moved, seconded, carried (Worthington/Hawley) to approve the staff’s recommendations for Items 10 and 11 and to sever out for a separate vote: G7.4, G7.7, G7.9, G7.10, C1.1, C1.2, C2.2 ; to move L5.1 to Tier 1 priority; to require the Landmarks Preservation Commission to complete their work on the revisions to the landmarks ordinance no later than the end of May; and to waive Council rules to bring forward any recommendation related to adoption of an urgency moratorium on University Avenue on any Council agenda if needed.

Moved, seconded, carried (Worthington/Hawley; Noes – Spring, Worthington) the severed portion of the motion and to approve: G7.4, G7.7, G7.9, G7.10, C1.1, C1.2, C2.2 ; to move L5.1 to Tier 1 priority; to require the Landmarks Preservation Commission to complete their work on the revisions to the landmarks ordinance no later than the end of May; and to waive Council rules to bring forward any recommendation related to adoption of an urgency moratorium on University Avenue on any Council agenda if needed.

Moved, seconded, carried (Worthington/Spring; Absent – Breland) to schedule a public hearing on the ex parte contact rules contained in the Council’s Rules of Procedure.

11. Planning Department Work Program (PDF, 399 KB)

From: City Manager

Recommendation: Provide direction on the Planning Department’s Work Program, including: 1) directing staff and the Planning Commission to undertake implementation of the setback and height requirements of the University Avenue Strategic Plan (UASP) as soon as possible and return to Council with recommended modifications to the Zoning Ordinance in May 2004; 2) postponing preparation of an urgency moratorium for University Avenue until such time as a new application is received or anticipated to be received that would be in significant conflict with the UASP; and 3) reviewing the existing administrative procedures for implementing density bonus determinations and modifying them to increase flexibility if feasible and defensible.

Contact: Dan Marks, Planning, 981-7400

Action: See action on Item 10 above.

12. Amendment to FY 2004 Annual Appropriation Ordinance (PDF, 2 MB) (to be delivered)

From: City Manager

Recommendation: Adopt first reading of an Ordinance amending the FY2004 Annual Appropriation Ordinance No.6752-N.S. for FY2004 based upon recommended reappropriation of unexpected FY2003 funding and other adjustments since July 1, 2003 in the amount of $20,420,394.

Financial Implications: All funds - $20,420,394.

Contact: Tracy Vesely, Budget, 981-7000

Action: Moved, seconded, carried (Olds/Wozniak; Abstain – Spring; Absent - Breland) to adopt first reading of Ordinance. Second reading scheduled for February 24, 2004.

13. Zoning Density Calculations in C-1 and R-3Zones (PDF, 185 KB)

From: Councilmember Spring

Recommendation: Direct the City Manager to modify the current method of calculating residential zoning densities in the C-1 and R-3 zones that will give decision makers greater options in determining the allowable density that is consistent with zoning and the state density bonus requirement.

Contact: Dona Spring, Councilmember District 4, 981-7140

Action: Withdrawn by Councilmember Spring.