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summary
BERKELEY CITY COUNCIL MEETING
tuesday, december 5, 2006
7:00 P.M.
Roll Call: 7:15 p.m.
Present: Councilmembers Maio, Moore, Anderson,
Spring, Capitelli, Olds, Worthington, Wozniak, and Mayor Bates.
Absent: None.
Public
Comment
Action: Moved, seconded, carried
(Maio/Worthington) to adopt the Consent Calendar in one motion except as
indicated:
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
Action: Adopted Ordinance No. 6,955N.S.
(PDF, 582 KB) Effective January 4, 2007.
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
Action: Adopted Ordinance No. 6,956N.S.
(PDF, 667 KB) (Noes: -
Wozniak; Abstain Capitelli, Olds) Effective January 4, 2007.
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
Action: Adopted Ordinance No. 6,957N.S.
(PDF, 308 KB) January 4, 2007.
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
Action: Adopted Resolution No. 63,509N.S.
(PDF, 25 KB)
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
Actions: Moved, seconded, failed (Olds/Spring; Noes
Capitelli, Wozniak, Bates; Abstain Maio, Moore, Anderson) a substitute
motion to continue to a meeting in January.
Moved, seconded, carried, (Wozniak/Capitelli) a main motion
to adopt Resolution No. 63,510N.S.
(PDF, 35 KB) rescinding the first reading of a proposed
revised Landmarks Preservation Ordinance with an effective date of November 1,
2006.
Moved, seconded, carried (Capitelli/Maio; Noes Spring,
Olds, Worthington) to adopt Resolution No. 63,511N.S.
(PDF, 85 KB) determining that the
previously adopted Initial Study and Negative Declaration may be relied on for
adoption of a revised Landmarks Preservation Ordinance.
Moved, seconded, failed (Worthington/Spring; Noes Maio,
Capitelli, Wozniak, Bates; Abstain Moore, Anderson) to eliminate the revised
and latest severability clause from the proposed ordinance.
Moved, seconded, carried (Wozniak/Maio; Noes Spring,
Olds, Worthington) to adopt first reading of an Ordinance repealing and
reenacting Berkeley Municipal Code (BMC) Chapter 3.24, Landmarks
Preservation. Second reading scheduled
for December 12, 2006.
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
Action: Adopted first reading of Ordinance. Second reading scheduled for December 12,
2006.
7.
Classification: Manager of Aging Services
(PDF, 417 KB)
From:
City Manager
Recommendation:
Adopt a Resolution
amending Resolution No. 61,840N.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
Action: Adopted
Resolution No. 63,512N.S. (PDF, 79 KB)
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
Action: Adopted
first reading of Ordinance. Second
reading scheduled for December 12, 2006.
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
Action:
Approved recommendation.
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: Adopted
Resolution No. 63,513N.S. (PDF, 33 KB)
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
Public Testimony: The Mayor opened the
public hearing. 1 speaker. Moved,
seconded, carried (Maio/Anderson) to close the public hearing.
Action: Moved, seconded, carried (Spring/Maio) to
adopt Resolution Nos. 63,514N.S.
(PDF, 47 KB) and 63,515N.S.
(PDF, 102 KB)
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
Public Testimony: The Mayor opened the
public hearing. 6 speakers.
Action: Moved, seconded, carried (Capitelli/Anderson) to
continue the public hearing to December 12, 2006 and to allow for receipt of
additional protests.
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 Municipal 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 federal funds 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
Action: Councilmember Wozniak distributed
corrections to the report. Moved,
seconded, carried (Anderson/Wozniak) to adopt first reading of Ordinance. Second reading scheduled for December 12,
2006.
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
Joes
Numerous email communications are on file
in the City Clerk Department.
Item 2:
Creeks Ordinance
4. Susan
and Ron Berman
Item 5:
Landmarks Preservation Ordinance
5.
Supplemental
reports, submitted by Planning and Development
6.
Susan Brandt-Hawley
