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General Information
General Information

Special Meeting Annotated eAgenda
December 8, 2015

 

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.

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.CityofBerkeley.info/BMC 

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ANNOTATED AGENDA
SPECIAL MEETING OF THE
BERKELEY CITY COUNCIL
 
 Tuesday, December 8, 2015
5:30 P.M.
 
Longfellow Middle School Auditorium – 1500 Derby Street, Berkeley, CA 
Teleconference Location – 2225 Ward Street, Berkeley, CA 94705
 
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 - LORI DROSTE                    
 
Preliminary Matters
 
Roll Call 5:32 p.m.
 
Present: Arreguin, Capitelli, Droste, Maio, Moore, Wengraf, Worthington, Bates 
 
Absent: Anderson
 
Councilmember Anderson present at 5:35 p.m.
 
Action: M/S/C (Worthington/Moore) to accept supplemental material from Councilmember Worthington related to the community benefits package.
Vote: All Ayes.
 
Action Calendar – Public Hearings
 
1. Public Hearings and Possible Action on 2211 Harold Way
a. Public Hearing: Landmarks Preservation Commission Appeals: 2211 Harold Way
From: City Manager
Recommendation: Conduct a public hearing on the appeals of the Landmarks Preservation Commission (LPC) decision, which may include the adequacy of the Final Environmental Impact Report as it relates to the Structural Alteration Permit. 
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing.  77 speakers.
M/S/C (Bates/Maio) to close the public hearing.
Vote: All Ayes.
 
Recess 8:30 p.m. – 8:50 p.m.
 
b. Public Hearing: Zoning Adjustments Board Appeals: 2211 Harold Way
From: City Manager
Recommendation: Conduct a public hearing on the appeals of the Zoning Adjustments Board (ZAB) decision, which may include the adequacy of the Final Environmental Impact Report as it relates to the Use Permits. 
Financial Implications: None
Contact: Eric Angstadt, Planning and Development, 981-7400
Public Testimony: The Mayor opened the public hearing.  29 speakers.
M/S/C (Bates/Maio) to close the public hearing.
Vote: All Ayes.
 
Attachment 3 - Part 1 (PDF - 166MB)
Attachment 3 - Part 2 (PDF - 151MB)
Attachment 3 - Part 3 (PDF - 175MB)
Attachment 5a1 (PDF - 90MB)
Attachment 5a2 (PDF - 10MB)
Attachment 5b1 - Part 2   (PDF - 112 MB)
Attachment 5b2 (PDF -  2MB)
Attachment 5b3 (PDF - 82MB)
Attachment 5c1 (PDF - 165MB)
Attachment 5c2 (PDF - 5MB)
Recommendation: Upon conclusion of the agendized public hearings:
1. Adopt a Resolution certifying the Environmental Impact Report for the Project at 2211 Harold Way and making findings as required by the California Environmental Quality Act (CEQA);
2. Adopt a Resolution approving Structural Alteration Permit (SAP) No. 13-40000002 and related findings and conditions for the Project under the Landmarks Preservation Ordinance (LPO); and 
3. Adopt a Resolution approving Use Permit No. 13-10000010 and related findings and conditions for the Project under the Zoning Ordinance.
Financial Implications: See report 
Contact: Eric Angstadt, Planning and Development, 981-7400
 
Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Worthington.
 
Action: M/S/C (Bates/Worthington) to accept supplemental material from Councilmember Arreguin on Item 1.c.
Vote: All Ayes. 
 
Action: M/S/Failed (Worthington/Anderson) to open public comment on the supplemental items submitted by Councilmember Arreguin.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Capitelli, Droste, Bates; Abstain – Maio, Moore, Wengraf.
 
Action: M/S/Failed (Anderson/Arreguin) to extend for another 20 minute period of Council discussion.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Bates; Abstain – Moore, Capitelli, Wengraf, Droste; Abstain – None; Absent – Maio.
 
Councilmember Maio absent 10:56 p.m. – 10:58 p.m.
 
Action: M/S/C (Bates/Moore) to call the previous question.
Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Droste, Bates; Noes – Arreguin, Worthington.
 
Action: M/S/Failed (Arreguin/Anderson) to:
1) Remand the Environmental Impact Report for the 2211 Harold Way project for analysis, revision and recirculation on the following issues:
     A. Study the demolition of the Postal Annex Building.
     B. Consider the project in the context of a designated school zone.
     C. Study the impacts on the westerly views from Campanile Way.
     D. Consider the impacts of the removal and disposal of debris.
     E. Economic impacts of the lost revenue from closure of the theaters.
     F. Conduct an updated traffic study.
     G. Consider environmental effects of Significant Community Benefits; and
2) Remand Structural Alternation Permit No. 13-40000002 and related findings and conditions back to the Landmarks Preservation Commission for consideration of the following issues:
     A. Study the demolition of the Postal Annex Building.
     B. Consider the project in the context of a designated school zone.
Vote: Ayes – Anderson, Arreguin; Noes – Maio, Moore, Capitelli, Droste, Bates; Abstain – Wengraf, Worthington.
 
Action: M/S/C (Bates/Moore) to adopt Resolution No. 67,298–N.S. as written certifying the Environmental Impact Report for the Project at 2211 Harold Way and making findings as required by the California Environmental Quality Act (CEQA).
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin; Abstain – Worthington.
 
Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin, Worthington.
 
Action: M/S/C (Bates/Moore) to call the previous question.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Arreguin, Worthington; Abstain – Anderson.
 
Action: M/S/C (Bates/Moore) to adopt Resolution No. 67,299–N.S. approving Structural Alteration Permit (SAP) No. 13-40000002 and related findings and conditions for the Project under the Landmarks Preservation Ordinance (LPO).
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Anderson, Arreguin, Worthington.
 
Action: M/S/C (Bates/Maio) to suspend the rules and extend the meeting to 12:20 a.m.
Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Droste, Bates; Noes – Worthington.
 
Action: M/S/Failed (Worthington/Arreguin) to adopt a Resolution approving Use Permit No. 13-10000010 and related findings and conditions for the Project under the Zoning Ordinance amended to include the terms agreed upon between HSR and Berkeley Unified School District and with the community benefits package as listed below:
     • Payment of $6 million to Affordable Housing Trust Fund.
     • Payment of $2.7 million for Habitot relocation , actual cost, and lost capital investments.
     • Payment of $1.2 million to Berkeley City Percent for Arts Fund.
     • Credit of $6 million for Project Labor Agreement.
     • Credit of $2.2 million for theater restoration.
Vote: Ayes – Anderson, Arreguin, Worthington; Noes – Maio, Moore, Capitelli, Wengraf, Droste, Bates.
 
Action: M/S/C (Bates/Wengraf) to adopt Resolution No. 67,300–N.S. approving Use Permit No. 13-10000010 and related findings and conditions for the Project under the Zoning Ordinance amended to include the following:
1) Conditions 13, 35, 37, 38, and any other conditions as agreed to by the applicant and Berkeley Unified School District as noted in their Side Letter of Agreement entitled 2211 Harold Way; Addition Project Applicant Concessions dated December 4, 2015;
2) Conditions 21, 53, and 57 as proposed by the applicant in their letter entitled Condition of Approval Modification Requests for 2211 Harold Way dated December 8, 2015;
3) Accepting community benefits of $17 million to be distributed as follows: 
     a) $6 million credit towards the project labor agreement subject to verification
     b) $5.5 million credit towards the construction of the theater, subject to verification
     c) $5.5 million plus any unearned credits from a) and b) above as a financial contribution to be paid in the following schedule:
i. $2 million upon the issuance of the building permit with that amount distributed thusly: $750,000 to the arts fund; $250,000 specifically to be used for Habitot children's museum, and $1 million to the Housing Trust Fund.
ii. The remainder paid to the Housing Trust Fund upon issuance of the Certificate of Occupancy unless a surety in a form acceptable to the City Manager is posted.  If such surety is posted, then $1.5 million is due one year after the Certificate of Occupancy is issued and the remainder ($2 million plus any unearned credits from [a] and [b] above) is due two years after the Certificate of Occupancy is issued.
4) Additional staff conditions:  a) Pursuant to Section 23E.68.070.B.3.b, the applicant shall submit an application for a building permit no later than 180 days after this Use Permit is approved, b) shall respond to all plan check comments no later than 30 days after they are issued, and c) shall pay all building permit-related fees promptly when due, and shall commence construction no later than 180 days after being notified of approval of the first building permit. Any extension of any deadline in this condition shall be subject to approval by the Zoning Officer, except that no deadline for payment of any fees may be extended.
Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Droste, Bates; Noes – Worthington; Abstain – Anderson, Arreguin.
Adjournment
 
Action: M/S/C (Bates/Moore) to adjourn the meeting.
Vote: All Ayes.
 
Adjourned at 12:05 a.m.
 
Communications

 

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. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online. 
 
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