City Council Regular Meeting eAgenda January 21, 2020
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, January 21, 2020
6:00 P.M.
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
Jesse Arreguin, Mayor
Councilmembers:
District 1 – Rashi Kesarwani |
District 5 – Sophie Hahn |
District 2 – Cheryl Davila |
District 6 – Susan Wengraf |
District 3 – Ben Bartlett |
District 7 – Rigel Robinson |
District 4 – Kate Harrison |
District 8 – Lori Droste |
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, CMC, City Clerk, 981-6900.
The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
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 on Non-Agenda Matters: Persons will be selected by lottery to address matters not on the Council agenda. If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each. If more than five persons submit speaker cards for the lottery, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker cards are not required for this second round of public comment on non-agenda matters.
Consent Calendar |
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The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”. No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar. |
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
1. |
License Agreement: California Jazz Conservatory for Property at 1947 Center Street |
2. |
Contract: Capoeira Arts Foundation |
Consent Calendar |
3. |
Minutes for Approval |
4. |
City Council Short Term Referral Process |
5. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 21, 2020 |
6. |
Contracts: Citywide Printing and Copying Services |
7. |
Contract: Venture Tactical for Personal Protective Equipment for Firefighters |
8. |
Contract: First Spear Of California (FSOC) for Personal Protective Equipment for Firefighters |
9. |
Contract: Michael Brady for Emergency Management Training |
10. |
Designate the Line of Succession for the Director of Emergency Services |
11. |
Grant Application: Funding from Bay Area Urban Areas Security Initiative (UASI) to Support Emergency Medical Training Equipment and Fire/Rescue Utility Vehicle Purchases |
12. |
Grant Application: Funding from California Department of Forestry and Fire Protection to Support Hazardous Fuels Reduction in Berkeley Wildland Urban Interface |
13. |
Contract No. 31900132 Amendment: BOSS for Representative Payee Services |
14. |
Contract No. 10631B Amendment: Resource Development Associates for HOTT Evaluation Consulting Services |
15. |
Release of Resale Restrictions on Former Redevelopment Agency Homeowner Loans |
16. |
Grant Applications: California Affordable Housing and Sustainable Communities Infrastructure and Agreements in Connection with the Proposed Blake Apartments and Maudelle Miller Shirek Community Projects |
17. |
Approving a Partial Assignment and Third Amendment to the Disposition and Development Agreement, Ground Leases, and Certain Related Documents for 2012 Berkeley Way |
18. |
***Removed from Agenda by the City Manager*** Contract No. 9649 Amendment: Sloan Sakai LLP for Continued Chief Labor Negotiator Services |
19. |
Classification and Salary: Establish Mental Health Nurse Classification Series |
20. |
2020 Fee Assessment – State of California Self-Insurance Fund (Workers’ Compensation Program) |
21. |
Contract No. 9791 Amendment: Environmental Systems Research Institute, Inc. (ESRI) for Enterprise Graphical Information Systems (GIS) Software License Maintenance and Support |
22. |
Contract No. 10264B Amendment: ThirdWave Corporation for Digital Strategic Plan Refresh and RapidWorkflow® Process Modeling (RWPM) Certification Training |
23. |
Contract No. 10988 Amendment: Presidio Network Solutions, LLC: Develop and Deliver a roadmap for Cyber Resilience Plan (CRP) |
24. |
Donation: Memorial Bench at Cesar Chavez Park in memory of Michael H. Weiss |
25. |
Amendment to Contract No. 32000034 with Bellingham to Replace Additional Finger Docks at the Berkeley Marina |
26. |
Contract No. 31900207 Amendment: Recruiting, Advertising, and Marketing Strategy for the Berkeley Police Department |
27. |
Contract No. 10645 Amendment: Recology Blossom Valley Organics - North for the Hauling and Processing of Organic (Compostable) Materials |
28. |
Appointments of Maria Moore, Edward Opton and Farzaneh Izadi to the Mental Health Commission |
29. |
Resolution: Oppose the new U.S. base construction in Henoko-Oura Bay of Okinawa |
Council Consent Items |
30. |
YMCA of the East Bay Youth & Government Program |
31. |
Berkeley Youth Alternatives (BYA) 16th Crab Feed on Thursday, February, 27, 2020: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds |
32. |
Short Term Referral to the City Manager: 1. Improve and increase External Community Engagement; 2. Identify the funding resources needed to adequately implement number 1; and 3. Implement and require all City Council items and staff reports include Climate Impacts in addition to Environmental Sustainability (Reviewed by the Facilities, Infrastructure, Transportation, Environment, and Sustainability Committee) |
33. |
Budget Referral to Conduct an Equal Pay Audit |
34. |
National Zero Waste Conference: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds |
35. |
Small Business Listening Sessions |
36. |
Recommendations Related to Code Enforcement and Receivership Actions (Reviewed by Health, Life Enrichment, Equity, and Community Committee) |
37. |
Co-sponsor Supervisor Keith Carson’s Berkeley 2020 Census Town Hall |
38. |
Holocaust Remembrance Day Event: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds |
39. |
Resolution Reaffirming the City of Berkeley’s Commitment to Roe v. Wade |
40. |
No War With Iran |
Action Calendar |
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The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar. The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. Action items may be reordered at the discretion of the Chair with the consent of Council. |
Action Calendar - Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue. Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk. |
41. |
Implement Residential Preferential Parking (RPP) Program on the 1500 Block of Lincoln Street (Continued from December 10, 2019) |
42. |
Extension of the Urgency Ordinance Amending the Accessory Dwelling Unit (ADU) Ordinance to Comply with New State Law and Establish Interim Limits on Development for a Period of 10 Months and 15 Days |
Action Calendar |
43a. |
Public Works Commission Recommendation for the Five-Year Paving Plan (Continued from December 10, 2019) |
43b. |
Companion Report: Public Works Commission Recommendation for the Five-Year Street Rehabilitation Plan (Continued from December 10, 2019) |
44. |
Establishing an Outdoor Emergency Shelter (Reviewed by Health, Life Enrichment, Equity & Community Committee) |
45. |
Confirm Council Action on Measure P Revenue Allocations for FY 2020-2021 |
46. |
Purchase Order: National Auto Fleet Group for Nine Ford F-Series Pickup Trucks with Various Service Body Configurations (Continued from December 10, 2019) |
47. |
Amending Chapter 19.32 of the Berkeley Municipal Code to Require Kitchen Exhaust Hood Ventilation in Residential and Condominium Units Prior to Execution of a Contract for Sale or Close of Escrow (Reviewed by Facilities, Infrastructure, Transportation, Environment, and Sustainability Committee) |
48. |
City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee) (Continued from December 3, 2019. Item contains revised and supplemental material.) |
49a. |
Recommendation that the City Council Pass a Resolution Regarding Procurement, Sales and Serving of Sugar-Sweetened Beverages |
49b. |
Companion Report: Recommendation that the City Council Pass a Resolution Regarding Procurement, Sales, and Serving Sugar-Sweetened Beverages |
Information Reports |
50. |
2019 Business Survey Results |
51. |
Referral Response: Small Business Retention Programs |
52. |
Update on Measure T1 City Infrastructure Bond Program |
53. |
Animal Care Commission FY 2019/2020 Work Plan |
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.
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.
Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
and may be read at reference desks at the following locations:
City Clerk Department |
Libraries: |
2180 Milvia Street |
Main - 2090 Kittredge Street |
Tel: 510-981-6900 |
Claremont Branch – 2940 Benvenue |
TDD: 510-981-6903 |
West Branch – 1125 University |
Fax: 510-981-6901 |
North Branch – 1170 The Alameda |
Email: clerk@cityofberkeley.info |
South Branch – 1901 Russell |
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 9, 2020.
Mark Numainville, City Clerk
Communications
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. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Item #41: Implement Residential Preferential Parking (RPP) on the 1500 Block of Lincoln
- Anonymous
Item #44: Establishing an Outdoor Emergency Shelter
- Zipporah Collins
- Councilmember Harrison
Item #46: Purchase Order: National Auto Fleet Group for Nine Ford F-Series Pickup Trucks with Various Service Body Configurations
- Donald Goldmacher
Item #47: Amending Chapter 19.32 of the Berkeley Municipal Code to Require Kitchen Exhaust Hood Ventilation in Residential and Condominium Units Prior to Execution of a Contract for Sale or Close of Escrow
- David Lerman
BART MOU
- 11 identical form letter
- Matt Rosen
- Eric Glick Rieman
- Jeannette McNeil
- Laura Cochrane
- Ignacio
- Hayley Currier
- Lee Bishop
- Susi Marzuola
- Paul Bickmore
- Vivian Warkentin
- Howard Goldberg
- Avram
5G/Telecom
- Vivian Warkentin (3)
- Phoebe Sorgen (2)
- Soula Culver
- Cecile Leneman
- Marge Turngren
- Mary McGann
- Whitney Vosburgh
- Cynthia Papermaster (2)
- Ellie Marks (3)
- Councilmember Harrison
- Cynthia Rahav
- Ron Pollak (2)
- Alexander Benn
- Connie Anderson
- Avram (2)
- Pollock & James, Attorneys at Law
- Ed Schmookler
Homelessness/Encampments
- Carole Marasovic, on behalf of the Homeless Commission (2)
- Ryan Hilton, on behalf of the Pacific Racing Association
- David Lerman
- Meta Baerwalk Pasternak
- James Wood (4)
- Erwan Illien
- Russbumper
- Pedro Alvarez
Request for Corrective Action
- David Kellogg
City Manager’s Evaluation
- Margot Smith (2)
- Phoebe Sorgen
- Juli Dickey
- Judy Ann Alberti
Affordable Housing
- Judith Turley
Bay Trail Extension
- Mark Elgood
- Lee Henderson
- David Fraser, on behalf of the Cal Sailing Club
- Caryl Woulfe
- Tom Gandesbery
- Leslie Buck
- Molly Morelock
- Nicholas Waton
- Sheldon Coad
- Sebastian Gomez Biggeri
- Nick Goyhenetche
- David Fraser
- Rick Kosarchuk
- Gene Golfus
Police Review
- Racism and Criminal Justice Reform Group, et al
- Phoebe Sorgen
- Jane Welford
Banning Natural Gas
- LR
Persons with Disabilities
- Mary Behm-Steinberg
- Councilmember Kesarwani
- Mark Numainville
Berkeley Police
- Carol Denney
Square Footage Based Special Taxes
- Shirley Dean
- Auditor
Youth Spirit Artworks (YSA)
- Abby Hu
- Eric Friedman
- Hanna Lykke
Healthy Options at Point of Sale (HOPS)
- Marty Lynch, CEO of LifeLong Medical Care
- The Latinxas & the Environment Initiative
- Mansour Id-Deen
Campaign Contributions from Real Estate Developers
- Margot Smith
New Smoke-free Signage
- Carol Denney
Homeless Measure P Funding
- David Lerman
Under Grounding Utility Wires
- Arek Goetz
Low Flying Aircraft over Berkeley
- Judith McEnroe
Be Wise! Be Bright When Crossing at Night
- Vivian Clayton
City Council May Direct the City Attorney
- Thomas Lord
Gas Car Sales
- Dale Miller, on behalf of the Golden Gate Electric Vehicle Association
- Andy Shrader, on behalf of Councilmember Paul Koretz of Los Angeles
Development of 2435 San Pablo
- The Berkeley Neighborhoods Council Executive Committee
Adeline Corridor
- Chimey Lee
Acute Housing Crisis – AB 1482
- Julia Cato, on behalf of the Berkeley Tenants Union
Misrepresented FCC Regulations, Etc.
- Arthur Stopes, III (7)
Harriet Tubman Terrace
- Harriet Tubman Terrace Tenant Council Steering Committee (3)
- DeAnna Gee, on behalf of the Agent for Owner, Harriet Tubman Terrace (2)
Downtown Streets Team
- Julia Lang
Drones at Cesar Chavez Park
- Carol Denney
- Max Newton
Trash Truck Purchases – Reducing Pavement Damage
- Bryce Nesbitt
Pathways STAIR Center
- James Wood (9)
- M. Zint
- Marcia Poole (3)
- Eric Friedman
Bbox Café – A Cashless Business
- Carol Denney
3404 King Street – Covenant House
- Pedro Alvarez
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
- Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
- Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
- Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.