Special Meeting eAgenda July 16, 2007

Printer-friendly PDF* agenda: (12 KB)

 

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 These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. File size information is provided in parentheses. All items are available for review at the City Clerk Department, (510) 981-6900. *To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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Agenda

 

Berkeley City Council Special meeting

MONDAY, JULY 16, 2007

7:00 P.M.

Council Chambers – 2134 Martin Luther King Jr. Way

Teleconference Location – 1636 Channing Way, Berkeley, CA

 

Tom Bates, Mayor

Councilmembers:

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

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers.  Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Roll Call

Public Comment – Limited to items on this agenda only.

1.      ZAB Appeal: 1885 University Avenue (PDF, 3 MB)

a. From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving the project as approved by the Zoning Adjustments Board, with modified findings and conditions of approval that will be provided by staff.

b. Appeal (PDF, 3 MB)

1.      Stephen Wollmer

c. Communications (PDF, 6 MB) (received after June 26, 2007)

1.       Kris Eggen (2)

2.      Regan Richardson

3.      Arlene Merryman

4.      Stephen Wollmer (2)

5.      Catherine Willis

6.      Martha Nicoloff

7.      Dean Metzger

8.      Erika Shore

9.      Barry Wofsy

10. David Levy, Baird Holm LLP

11. Stuart M. Flashman

12. Victoria Eisen

13. Walter H. Wood

14. Deborah Green

15. Art Goldberg

16. Wendy Alfsen, McKinley Addison Allston Grant Neighborhood Association

17. Merle Weiner

18. Rob Browning

19. Jeanine Richardson

20. John Cassady

Financial Implications: See report

Contact: Dan Marks, Planning and Development, 981-7400

2.      ZAB Appeal: 2701 Shattuck Avenue (PDF, 194 KB)(No new report.  Refer to March 20, 2007 for report materials)

a. From: City Manager

Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustment Board to approve Use Permit No. 04-10000014 to construct a 24-unit, mixed-use project, and dismissing the appeal.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

b. Appeal

1.   Rolf Bell

c. Communications- (None after May 08, 2007)

Please be advised that the Mayor will allow up to five minutes for both the applicant and appellant to make any relevant comments to the Council prior to their deliberation and determination to do one of the following 1) affirm the decision of the Zoning Adjustments Board and dismiss the appeal; 2) refer the matter back to the Zoning Adjustments Board; or 3) set the matter for public hearing at a future date.  No additional public comment will be entertained.

3.     ZAB Appeal: 2721 Shattuck Avenue (Nextel) (PDF, 257 KB)

      Administrative Record (PDF,30 MB)

a. From: City Manager

Recommendation: Certify for review the June 28, 2007 decision of the Zoning Adjustments Board and set a hearing on Use Permit #05-10000033 for a new wireless telecommunications facility (including five antennas and related equipment) for Nextel Wireless at 2721 Shattuck Avenue.  If Council determines that a hearing shall be held, the date of October 23, 2007 has been set aside and is recommended.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

b. Appeal (PDF, 136 KB)

1.   Corey Alvin (representative for Nextel Communications, applicant/appellant)

c. Communications – (None after May 22, 2007)

4.      ZAB Appeal: 2721 Shattuck Avenue (Verizon) (PDF, 257 KB)

      Administrative Record (PDF, 42 MB)

a. From: City Manager

Recommendation: Certify for review the June 28, 2007 decision of the Zoning Adjustments Board and set a hearing on Use Permit #05-10000033 for a new wireless telecommunications facility (including five antennas and related equipment) for Verizon Wireless at 2721 Shattuck Avenue. If Council determines that a hearing shall be held, the date of October 23, 2007 has been set aside and is recommended.

Financial Implications: None

Contact: Dan Marks, Planning and Development, 981-7400

b. Appeal (PDF, 450 KB)

1.      James Singleton (representative for Verizon Wireless, applicant/appellant)

c. Communications – (None after May 22, 2007)

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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.ci.berkeley.ca.us/video and KPFB Radio 89.3.
 Archived indexed video streams are available at http://www.ci.berkeley.ca.us/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

 

Agendas and agenda reports may be accessed via the Internet at http://www.ci.berkeley.ca.us/citycouncil
and may be read at reference desks at the following locations:

COMMUNICATION ACCESS INFORMATION:

To request a meeting agenda in large print, Braille, or on cassette, or to request a sign language interpreter for the meeting, call 981-6900 (Voice) or 981-6903 (TDD) at least 5 working days prior to the meeting to insure availability.  Captioning services are provided at the meeting, on B-TV, and on the Internet.  In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Please refrain from wearing scented products at public meetings.

 

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website on Thursday, July 12, 2007.

 

Pamyla Means, MMC, City Clerk