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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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AGENDA

 

BERKELEY CITY COUNCIL REGULAR MEETING

 

TUESDAY, JULY 17, 2001

 

Preliminary Matters

 

Roll Call:  7:00 p.m.

Ceremonial Matters:  In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

            Proclamation:  Community Mediation Awareness

Proclamation:  Staff Response to Recent Meningitis Cases

            Proclamation:  Pedal for Peace

Comments from the City Manager:  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.

Comments from the Public:  A total of thirty (30) minutes is scheduled.  Each speaker is limited to a maximum of three (3) minutes.

Council Action: The City Council may take action related to any subject listed on the Agenda.

 

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 ďAction CalendarĒ unless the Council reorders the agenda.

1.         Compatibility of Outside Employment by Board and Commission Members

(CF 89-01) (first reading vote7/10 - unanimous)

            From:  City Manager

            Recommendation:  Adopt second reading of an Ordinance adding Berkeley Municipal Code (BMC) Section 3.02.050 to provide for a Council determination as to whether outside employment of public officials is incompatible and providing for automatic termination of board and commission members under certain circumstances, as determined by Council.

            Contact: Manuela Albuquerque, City Attorney, 981-6950

 

2.         Definition of "Public Safety and Emergency Services"; and Uses in Zoning Districts (first reading vote7/10 - unanimous)

            From:  City Manager

            Recommendation:  Adopt second reading of an Ordinance adding a definition of "Public Safety and Emergency Services" to the Berkeley Municipal Code (BMC) Title 23 and adding these uses to the list of permitted uses in all zoning districts with a public hearing and use permit.

            Contact:  Wendy Cosin, Planning and Development,  705-8102

 

3.         Marina Rules and Regulations (first reading vote7/10 - unanimous)

From:  City Manager

Recommendation:  Adopt second reading of an Ordinance repealing and reenacting Berkeley Municipal Code Chapter 6.20, Marina Rules and Regulations, to: 1) add and clarify definitions; 2) strengthen the Marina Supervisorís ability to cancel or deny permits for unseaworthy vessels and provide berthers a means of overcoming a finding of

unseaworthiness; 3) clarify the legal relationship with berthers; 4) modify safety measures; 5) prohibit the use of jetskis; 6) to allow berthers to stay aboard  vessels for three consecutive days/nights; and 7) establish an appeals process and rules for charter vessels at private docks.

            Contact: Lisa Caronna, Parks and Waterfront, 981-6700

 

4.         Ellis Act Mitigations (CF# 31-01) (first reading vote7/10, Abstain Ė Olds, Dean)

            From:  City Manager

Recommendation:  Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.77 in order to require a landlord who is withdrawing his/her residential rental accommodations from rent or lease pursuant to Government Code Chapter 12.75 (Ellis Act) to offer other available rental units to displaced tenants and repealing Section 13.77.075 regarding the release of relocation assistance payments held in escrow by the City.

Contact:  Manuela Albuquerque, City Attorney, 981-6950

           

5.         Permits for Parades, Street Events and Block Parties (CF# 15-01) (first reading vote7/10 - unanimous)

            From:  City Manager

            Recommendation:  Adopt second reading of an Ordinance repealing and reenacting Berkeley Municipal Code Chapter 13.44, to update the Cityís regulations of permits for parades, street events and block parties.

            Contact: Manuela Albuquerque, City Attorney, 981-6950

 

6.         Contract:  Sanitary Sewer Project

            From:  City Manager

            Recommendation:  Adopt a Resolution approving plans and specifications for the sanitary sewer project at Shasta Road, Tamalpais Road, Creston Road, Chabolyn Terrace, Modoc Street, Ensenada Avenue and Tulare Avenue, accepting the bid of McNamara Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,425,960, for a period of 150 calendar days.

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

7.         Contract:  Sanitary Sewer Project

            From:  City Manager

            Recommendation:  Adopt a Resolution approving plans and specifications for the sanitary sewer project at Gilman Street, Kains Avenue, Stannage Avenue, Cornell Avenue, Talbot Avenue, Santa Fe Avenue and Masonic Avenue; accepting the bid of K. J. Woods Construction, Inc.; and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $988,800, for a period of 130 calendar days.

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

8.         Contract:  Telecommunications Services

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Pacific Bell for telecommunications services, for a total contract amount not to exceed $950,000 per annum, for the period July 1, 2001 to December 3, 2005.

            Contact:  Fran David, Finance, 981-7300

 

9.         Lease:  Tinkerís Workshop in Aquatic Park

            From:  City Manager

            Recommendation:  Adopt first reading of an Ordinance authorizing the City Manager to execute an agreement and any amendments with Tinkerís Workshop to lease City property in Aquatic Park located at 80 Bolivar Drive for an amount not to exceed $1,000 over a period of ten years.

            Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

 

10.       Harrison Street Skate Park Project

            From:  City Manager

            Recommendation:  Adopt two Resolutions:  1) adopting the subsequent mitigated negative declaration for the Harrison Street Skate Park Project; and 2) approving plans and specification for completion of the Harrison Street Skate Park; authorizing the City Manager during the Council recess to award and execute a contract and any amendments in an amount not to exceed $385,000; and allocating an additional amount not to exceed $25,000 to retain professional services to inspect and test the construction work.

            Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

 

11.       Contract:  Removal of Public Trees

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with TruGreen LandCare for the removal of public trees for a three year period starting July 20, 2001, in an amount not to exceed $72,000 each year, for a not-to-exceed total contract amount of $216,000.

            Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

 

12.       Eastshore State Park Classification Designation

            From:  City Manager

            Recommendation:  Adopt a Resolution authorizing the City Manager to encourage the State Parks and Recreation Commission to establish a classification for the Eastshore State Park that protects open space and wildlife habitat, mitigates toxins, parasites, and invasives, restores the overall health and integrity of the shoreline ecosystems, advocates that any park plan accommodate pedestrian and bicycle access, encourages the use of public transit, and includes a diversity of non-motorized userís interests and activities.

            Contact:  Lisa Caronna, Parks and Waterfront, 981-6700

 

13.       Federal Breast Cancer Program

            From:  Councilmember Breland

            Recommendation:  Send a letter to Senator Jackie Speier, in support of a bill that would require California to take part in the law authorizing the state to help uninsured breast cancer victims pay for their treatment under the Breast and Cervical Cancer Presentation and Treatment Act.

            Contact:  Margaret Breland, Councilmember District 2, 981-7120

 

14.       Refund of Business License Taxes

            From:  Mayor Dean

            Recommendation:  Request the City Manager amend the Berkeley Municipal Code (BMC) to allow the City to refund up to three years of business license taxes which have been paid erroneously, and return to Council with the proposed amendments in September, 2001.

            Contact:  Shirley Dean, Mayor, 981-7100

 

15.       Keeping MSGi Direct in Berkeley

            From:  Councilmember Worthington

            Recommendation:   Adopt a Resolution supporting keeping MSGi Direct in Berkeley; send a letter to the National Labor Relations Board expressing the Cityís support for MSGi remaining in Berkeley.

            Contact:  Kriss Worthington, Councilmember District 7, 981-7170

 

16.       Youth Energy Services Program (to be delivered)

            From:  Councilmember Maio

Recommendation: Approve a 15 minute presentation at the Council meeting of July 24, 2001 on the Youth Energy Services program.

Contact:  Linda Maio, Councilmember District 1, 981-7110

 

Presentation

 

17.       Pedaling for Peace

            From:  Mayor Dean and Councilmember Maio

            Contact:  Shirley Dean, Mayor, 981-7100; Linda Maio, Councilmember District 1, 981-7110

 

 

Public Hearings

 

18.       Telecommunications Antenna Moratorium (to be delivered)

            From:  City Manager

Recommendation:  Conduct a public hearing and upon conclusion adopt an Urgency Ordinance extending the moratorium on the installation of wireless telecommunications antennas for cellular and mobile phones and personal communications systems for an additional five months.

Contact:  Wendy Cosin, Planning and Development, 705-8102

a.         Communications

1. Kate Bernier

 

Action Calendar

 

New Business:

 

19.       Voting Delegates Ė League of California Cities

            From:  City Manager

            Recommendation:  Designate a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held on Saturday, September 15, 2001 at the Sacramento Convention Center, and direct the City Clerk to forward the name of the delegate and alternate to the League no later than August 17, 2001.

            Contact:  Sherry M. Kelly, City Clerk, 981-6900

 

20.       July 24, 2001 Meeting/Consider Special Meeting

            From:  City Manager

            Recommendation:  Allow the City Manager to place Action items deemed necessary on the July 24, 2001 Council Agenda by suspending the Council Rule that prohibits Action Items and the deliberation of items removed from the Consent Calendar on the Councilís Public Hearing Agenda.  Council may wish to consider suspension of any other rules and/or addition of special meetings to provide for the completion of specific business prior to the Councilís Summer Recess.

            Contact:  Sherry M. Kelly, City Clerk, 981-6900

 

21.       Rental Housing Safety Program

            From:  City Manager

Recommendation:  1) Adopt first reading of an ordinance repealing and reenacting Berkeley Municipal Code Chapter 12.48, to establish a Rental Housing Safety Program requiring owners to certify compliance with rental housing safety standards established by the City and allowing the City to inspect rental units to ensure compliance with applicable laws or ordinances; 2) adopt a Resolution adopting a fee schedule which reduces fees for housing inspections and rescinding Resolution No. 60,655-N.S.; and 3) authorize the City Manager to develop a housing safety checklist form to be used by owners of rental housing when certifying that their units meet certain safety requirements

Contact:  Stephen Barton, Housing, 981-5400

 

Information Reports

 

22.       Alternative Methods to Eliminate the Use of Chalk by Parking Enforcement Representatives (CF# 01-28a)

            From:  City Manager

            Contact:  D. E. Butler, Police, 981-5700

 

23.       Status Report on Installation of Countdown Pedestrian Crossing Signals (to be delivered)

            From:  City Manager

            Contact:  Rene Cardinaux, Public Works, 981-6300

 

24.       Moratorium on Additional Establishments Distributing Marijuana

            From:  City Manager

            Contact:  Weldon Rucker, City Manager, 981-7000

   

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Page No.
1. Regarding Firefighter lawsuit:
         a.       Robert da Roza
         b.       Kees van Gato  
2. Ruben Barrales, Deputy Assistant to the President and Director of Intergovernmental Affairs, responding to Council letter of support of federal lawsuits against coal-fired plant polluters.
3. Lianne, regarding Berkeley Symphony request for emergency funding.
4. Susan Archuletta, regarding affordable housing for teachers.  
5. Megan Schirle, regarding proposed building at 1797 Shattuck.  

 

Adjournment

 


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.