Regular Meeting eAgenda
September 26
, 2006

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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.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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AGENDA

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at either location.  Questions regarding this matter may be addressed to Sherry M. Kelly, City Clerk, 981-6900.
 

Preliminary Matters

Roll Call

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment

Council Action:  The City Council may take action related to any subject listed on the Agenda.

Consent Calendar

The Council will consider removal and addition of items to the Consent Calendar prior to voting on the Consent Calendar.  All items remaining on the Consent Calendar will be approved in one motion.  Items removed from the Consent Calendar will be taken up after the "Action Calendar" unless the Council reorders the agenda.

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

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

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

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

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

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

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

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

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

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 Commission’s 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

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 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)

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)

 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.

 

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)

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)

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.

 

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

 

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.

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 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

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

Information Reports

20. Early Voting and Absentee Voting Options (PDF, 24 KB)

From: City Manager

Contact: Sherry M. Kelly, City Clerk, 981-6900

21. Storm Drain Cleaning Plan (PDF, 536 KB) (to be delivered)

From: City Manager

Contact: Claudette Ford, Public Works, 981-6300

 

Communications (PDF, 4 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

 

Adjournment