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AGENDA BERKELEY
CITY COUNCIL REGULAR MEETING TUESDAY,
JULY 17, 2001 Roll Call: 7:00 p.m. Ceremonial Matters: In
addition to those items listed on
the agenda, the Mayor may add
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 Comments from the Public: A
total of thirty (30) minutes is scheduled.
Each speaker is Council Action: The
City Council may take action related
to any subject listed on the Agenda. The Council will consider removal and addition of items
to the Consent Calendar prior to voting 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,
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 Supervisor’s 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 – 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 City’s 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: Tinker’s 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 Tinker’s 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 user’s 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 City’s 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 ManagerRecommendation: 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 – 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 Council’s 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 Council’s 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
CommunicationsCouncil rules limit action on Communications to referral
to the City Manager and/or Boards
Adjournment |
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