Regular Meeting eAgenda
December 5
, 2006

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Printer-friendly PDF* agenda: (65 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

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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

 

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.

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.