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Regular
Meeting eAgenda |
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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:
*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 MEETING
tuesday, december 5, 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 City Clerk,
981-6900. The City Council may take action related to any subject on the
Agenda.
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
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. Lease: 1013 Pardee Street No. 105 (PDF, 55 KB) (First reading – November 28, 2006 – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance authorizing a one year lease from October 1, 2006 to September 30, 2007 for an existing warehouse at 1013 Pardee Street, No. 105 for the storage of fire and police equipment and emergency supplies.
Financial Implications: Bond Measure Q - $133,745
Contact: Debra Pryor, Fire, 981-5500
2. Creek Ordinance (PDF, 31 KB) (First reading – November 28, 2006 – Noes – Wozniak; Abstain – Capitelli; Absent – Olds)
From: City Manager
Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 17.08, Preservation and Restoration of Natural Watercourses.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
3. Construction and Demolition Debris Salvaging and Recycling (PDF, 29 KB) (First reading – November 28, 2006 – Unanimous)
From: City Manager
Recommendation: Adopt a second reading of an Ordinance amending Berkeley Municipal Code (BMC) by adding Chapter 19.24, Construction and Demolition (“C&D”) Debris Salvage and Recycling, decreasing the amount of landfill material from select construction and demolition projects.
Financial Implications: None
Contact: Claudette Ford, Public Works, 981-6300
4. Appointment to Alameda County Mosquito Abatement District (PDF, 680 KB)
From: City Manager
Recommendation: Adopt a Resolution reappointing Dr. Jan Washburn to the Board of Trustees of the Alameda County Abatement District for a two-year term commencing on January 2, 2007 and ending on January 1, 2009.
Financial Implications: None
Contact: Sherry M. Kelly, City Clerk, 981-6900
5. Landmarks Preservation Ordinance (PDF, 345 KB)
From: City Manager
Recommendation: 1) Adopt a Resolution rescinding the first reading of a proposed revised Landmarks Preservation Ordinance with an effective date of November 1, 2006; 2) Adopt a Resolution determining that the previously adopted Initial Study and Negative Declaration may be relied upon for adoption of revised Landmarks Preservation Ordinance; and 3) Adopt first reading of an Ordinance repealing and reenacting Berkeley Municipal Code (BMC) Chapter 3.24, Landmarks Preservation.
Financial Implications: None
Contact: Manuela Albuquerque, City Attorney, 981-6950
6. Amendment to FY 2007 Annual Appropriations Ordinance (PDF, 1 MB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2007 Annual Appropriations Ordinance No. 6,935 for FY 2007 based upon recommended re-appropriation of committed FY 2006 funding and other adjustments authorized since July 1, 2006.
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
7. Classification: Manager of Aging Services (PDF, 417 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 61,840-N.S., Classification and Salary Resolution for Public Employees Union Local One, to add the title of Manager of Aging Services and abolish the classification of Seniors Program Administrator effective January 1, 2007.
Financial Implications: General Fund (46%), Senior Nutrition Grant (50%), Family Caregiver Support Grant $2,500 FY 2007
Contact: David W. Hodgkins, Human Resources, 981-6800
8. Soft Story Ordinance (PDF, 87 KB)
From: City Manager
Recommendation: 1) Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 19.39, Soft Story Ordinance, to adopt the American Society of Civil Engineers Standard 31 (ASCE-31) - "Seismic Evaluation of Existing Buildings", 2003 Edition, for the required seismic analysis of a non-wood frame ground story; and, 2) In compliance with state law on adopting such codes by reference, hold a Public Hearing on December 12, 2006 to comply with state law.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
9. Telegraph Avenue Economic Development Assistance Plan (PDF, 27 KB)
From: Councilmember Worthington and Mayor Bates
Recommendation: Refer to the mid-year budget process the retention of funding passed through the Telegraph Avenue Economic Development Assistance Plan.
Financial Implications: $200,000 - $250,000
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 and Tom Bates, Mayor, 981-7100
10. Art/Craft Studios - West Berkeley Plan (PDF, 91 KB)
From: Civic Arts Commission
Recommendation: Adopt a Resolution accepting the Civic Arts Commission's updated recommendation for the definition of Art/Craft Studio and refer this definition to the Planning Commission for immediate consideration for use in the zoning process for West Berkeley and request that the Planning Commission consider amending the July 6, 1989 date referenced in the Zoning Ordinance so that Art/Craft Studio uses established after this date will be afforded protection under the Zoning Ordinance.
Financial Implications: None
Contact: Mary Ann Merker, Secretary, Civic Arts Commission, 981-7000
Action Calendar – Public Hearing
11. Downtown Berkeley Business Improvement District (PDF, 85 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, 1) adopt a Resolution confirming the 2007 Annual Report of the Downtown Berkeley Business Improvement District (BID) and levying an annual assessment for calendar year 2007 and 2) adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Downtown Berkeley Association (DBA) Main Street Program for $250,000 of Downtown BID funds to support Downtown revitalization.
Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7400
12. Solano Avenue Business Improvement District (PDF, 26 KB)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, 1) adopt a Resolution confirming the 2006 Annual report of the Solano Avenue Business Improvement District (BID) and levying an annual assessment for calendar year 2007 and 2) adopt a Resolution authorizing the City Manager to execute a sole source contract and any amendments with the Solano Avenue Association (SAA) for approximately $35,000 of BID funds.
Financial Implications: See report
Contact:
Michael Caplan, Economic Development, 981-7400
Action Calendar – New Business
13. Manufactured Nanoparticle Health and Safety Disclosure (PDF, 81 KB)
From: Community Environmental Advisory Commission
Recommendation: 1) Adopt first reading of an Ordinance amending Berkeley Muncipal Code (BMC) Sections 15.12.040 and 15.12.050 to add a health and safety disclosure for nanoparticles. 2) Send a letter to elected officials asking them to include a percentage of all federalfunds to the National Nanoparticle Initiative be earmarked for health and safety research.
Financial Implications: None
Contact:
Nabil A Al-Hadithy, Secretary, Community Environmental Advisory Commission,
981-7400
Information Reports
14. Unrepresented Temporary Employees (PDF, 73 KB)
From: City Manager
Contact: David W. Hodgkins, Human Resources, 981-6500
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.
Energy Development and Community Choice Aggregation
1. Mary Ann Clegg
Opposition to the Foothill/South Toll Road
2. Office of the Governor, Office of Constituent Affairs
Dorm Noise
3. Sharon Hudson
Trader Joe’s
Numerous email communications are on file in the City Clerk Department.
Adjournment
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.