City Council Regular Meeting eAgenda July 27, 2021
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.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.
Note:
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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: https://www.codepublishing.com/CA/Berkeley/
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AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 27, 2021
6:00 P.M.
Jesse Arreguin, Mayor
Councilmembers:
District 1 – Rashi Kesarwani |
District 5 – Sophie Hahn |
District 2 – Terry Taplin |
District 6 – Susan Wengraf |
District 3 – Ben Bartlett |
District 7 – Rigel Robinson |
District 4 – Kate Harrison |
District 8 – Lori Droste |
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, there will not be a physical meeting location available.
Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.
To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/81818068814. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.
To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 818 1806 8814. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.
Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.
To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@cityofberkeley.info.
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, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. 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 to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, 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. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
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.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move 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.
Adopt a Resolution directing the East Bay Community Foundation (EBCF) to disburse $165,000 from the Berkeley Relief Fund to BANANAS for the purpose of providing grants to Berkeley childcare providers:
2. Direct BANANAS to identify Berkeley’s most vulnerable licensed in-home childcare providers according to grant criteria and provider terms approved by the City Manager, and grant up to $10,000 to each qualified provider to be used for purposes related to the provision of childcare.
Grants in excess of $10,000 or diverging from approved criteria and/or terms shall require written approval of the City Manager, and all grants shall be reported to the City Manager before December 31, 2021.
Financial Implications: $165,000
1. |
Referral Response: General Plan Re-Designation and Zoning Map Amendment of Parcels Located at 1709 Alcatraz Avenue, 3404 King Street, 3244 Ellis Street, 1717 Alcatraz Avenue, and 2024 Ashby Avenue |
2. |
Amending BMC Section 14.56.070 for 3-Ton Commercial Truck Weight Limit on Tenth Street, Ninth Street, Eighth Street, and Seventh Street |
3. |
Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees |
4. |
Minutes for Approval |
5. |
Voting Delegates – League of California Cities Annual Conference |
6. |
Contract: Citygate for Fire Department Standards of Coverage Study |
7. |
Contract: East Bay Sanctuary Covenant – Trauma Support Services for Latinx/Latinas/Latinos |
8. |
Contract No. 052129-1 Amendment: Pacific Center for Human Growth |
9. |
Contract No. 088999-1 Amendment: Center for Independent Living |
10. |
Contract No. 8392B Amendment: Innovative Claim Solutions (ICS) for claims administration of the City’s Workers’ Compensation Program |
11. |
Contract No. 090741-1 Amendment: Bartel Associates, LLC for Actuarial Consulting Services |
12. |
Contract: OBS Engineering, Inc. for John Hinkel Park Amphitheater Area Improvements Project |
13. |
Contract No. 31900178 Amendment: Siegel & Strain Architects for Design and Construction Administration Services for the Cazadero Camp Jensen Dormitory Replacement Project |
14. |
Contract No. 32100146 Amendment: Bellingham Inc. for Additional Dock Repairs at the Berkeley Marina |
15. |
Contract No. 32100102 Amendment: DMR Builders for the 125/127 University Avenue Tenant Improvement Project |
16. |
Dana Complete Street Pilot Project by AC Transit |
17. |
Creation of Climate Equity Action Fund |
18. |
Request for Two Additional Meetings for the Commission |
19. |
Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services |
20. |
Letter of Support for Senate Bill 379 |
21. |
Proclamation: Partition Remembrance Day |
22. |
Accelerating the City of Berkeley’s transition to Plant-Based Foods |
23. |
Appointment of Beverly Greene to the Board of Library Trustees |
24. |
Letter to Senators Feinstein and Padilla in Support of the Restaurant Revitalization Fund Replenishment Act |
25. |
Moving Forward to Contract for Municipal Grant-Writing Services |
26. |
Calling on the U.S. Government to Negotiate the Elimination of Nuclear Weapons |
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 use the "raise hand" function 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. |
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 use the "raise hand" function 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. 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. |
27. |
Updated Fees for the Home Occupations Ordinance |
Action Calendar – Old Business |
28. |
Objective Standards Recommendations for Density, Design and Shadows |
29. |
City Council Rules of Procedure and Order Revisions (Item re-agendized by Council direction on April 20, 2021 to consider whether to extend the temporary rules in Appendix D.) |
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30. |
Referral Response: Facilitate the Local Implementation of Senate Bill 1413 and Expedite the Development of Teacher and School Employee Housing |
31. |
Annual Report on Landmarks Preservation Commission Actions |
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 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 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
COMMUNICATION ACCESS INFORMATION:
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.
Captioning services are provided at the meeting, on B-TV, and on the Internet.
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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 Thursday, July 15, 2021.
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 through Records Online.
Item #14: Dana Complete Street Pilot Project by AC Transit
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Charles Siegel, Ben Gerhardstein, Karen Parolek for Walk Bike Berkeley
Transit-Oriented Development (TOD) at BART
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9 similarly-worded form letters
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Cindy Shamban
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Marianne Schulman
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D.P. Neyhart
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Laura Klein
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Larry Orman
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David Brandon
Appeal 1527 Sacramento – AUP# ZP2020-0034
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Joyce Lewis
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Michele and Micah Liedeker
Grizzly Peak
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Joshua Bloom
Homelessness
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Bob May (2)
Pedestrian Safety
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David Lerman
Assembly Bill 1238 – Response to Letter Dated May 11, 2021 (Item 27)
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State Senator Nancy Skinner
Public Restrooms
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Judy Hunt
Defining Ecocide
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Thomas Lord
Zoning
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Helen Jones
Privatization of Some Public Spaces
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Ann Hawkins
East Bay Community Energy (ECBE)
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ECBE
Community for a Cultural Civic Center
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Ann Harlow
URL’s Only
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Russbumper (7)
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.
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Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
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Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
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Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.