City Council Special Meeting eAgenda June 1, 2021
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, June 1, 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/89868895268. 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: 898 6889 5268. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.
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.
Urgent Item
Support for Full Funding of CA SB-1079 Residential Property: Foreclosure
Recommendation: Send a resolution in support of full funding for The Foreclosure Intervention Housing Preservation Program to Senator Skinner, Senator Caballero, Assemblymember Carrillo, Assemblymember Wicks, Assemblymember Quirk, Assemblymember Ting, Governor Gavin Newsom, and the California State Senate’s Standing Committee on Budget and Fiscal Review. Funding this bill supports SB 1079, intended to mitigate against blight, vacancy, and the transfer of residential property ownership from owner occupants to corporate landlords in the event that California experiences a wave of foreclosures.
Financial Implications: None
Contact: Councilmember Bartlett (510) 981-7130
1. |
Waiver of Sanctuary City Ordinance for Westlaw Contract |
2. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 1, 2021 |
3. |
Notice of Appropriations Limit for Fiscal Year 2022 |
4. |
Contract No. 32000228 Amendment: Ghilotti Construction Company, Inc. for Berkeley Rose Garden Pergola Reconstruction and Site Improvements Project |
5. |
Multi-Agency Policing Agreement for Grizzly Peak Boulevard |
6. |
Referral Response: Amending Chapter 19.34 of the Berkeley Municipal Code to Expand Automatic Gas Shut-Off Valve Requirements in Multifamily, Condominium and Commercial Buildings Undergoing Renovations |
Council Consent Items
7. |
Oppose – Assembly Bill 1139, Net Energy Metering |
8. |
Referral to the Fiscal Year 2022 Budget Process: Continuing Anti-Displacement Programs |
9. |
Referral to the Fiscal Year 2022 Budget Process: Landlord Incentives for Section 8 Participation |
10. |
Support – Senate Bill 617, the Solar Access Act |
11. |
Berkeley Housing Authority Board of Commissioners Re-Appointments |
12. |
Budget Referral: $200,000 to the Bay Area Community Land Trust for Capacity Building to Support the Small Sites Program |
13. |
Budget Referral: Phase 2 of Civic Center District Visioning |
14. |
Berkeley Rep’s OVATION: Imagine Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds |
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 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. |
Action Calendar – Public Hearings |
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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. |
15. |
Fiscal Year 2022 Proposed Budget Public Hearing #2 |
16. |
ZAB Appeal: 2421 Fifth Street, Use Permit #ZP2020-0043 |
17. |
Police Accountability Board – Appointment of Members |
18a. |
Recommendation that the City Council Pass a Resolution Regarding Procurement, Sales and Serving of Sugar-Sweetened Beverages. |
18b. |
Companion Report: Recommendation that the City Council Pass a Resolution Regarding Procurement, Sales, and Serving Sugar-Sweetened Beverages |
19. |
Adopt a Resolution Updating City of Berkeley Street Maintenance and Rehabilitation Policy |
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.
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.
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, May 20, 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.
Cal (UC) Students Are Terrorists
1. Anne Whyte (2)
2. Jen Loy, on behalf of UC Berkeley
Parking Enforcement While Dropping Off Children at School
3. Dawn Howard
Oppose SB-9
4. Jennifer Cole
5. Summer Brenner
6. Dick Mallory
7. Renate Crocker
8. Jana Olson
9. Michael Cohn
10. Lisa Goodman
11. Helen Toy
12. Betsy Cohen
Tenant Opportunity to Purchase Act (TOPA) Legislation
13. Michele Chitson
14. Gr1@
15. Janine Goosen
16. Julie Caskey
17. Chad Andrews
18. Cora Stryker
19. Jennifer Kim
20. Justin Davis
21. Michael Farrell
22. Hope Henderson
23. Jane Henderson
24. Julia Drees
25. David Filippini
26. Sabrina and Markus Leunig
27. Charlotte Stanton
28. Jennifer Formoso
29. Sohee Procek
30. Erin Chalmers
31. Al Hassan Hleieh
32. Mary Canavan
33. John Weiszer
34. Marcia Hutcherson
35. Khalil Bendib
36. Ginny Madsen
Homelessness and Encampment Issues
37. Nathan Scullion
38. Todd Oliver, owner of Shattuck Square
39. Linda Hung (2)
40. Kirstie Bennett, on behalf of the Telegraph-Channing Mall Merchants
41. Diana Bohn
The Jump and Bike Park (Berkeleyside article)
42. Monique Webster
43. David Alter
44. Amy Buege
45. Phorest Bateson
46. Heath Maddox
47. Julian Alcala
48. Ernst Schmidt
49. Youssef Rafatjah
50. Dan Leaverton
51. Sean Williams
52. Sue Reinhold
53. Nico Tripcevich
54. Victoria Hritonenko
55. Bruce Perens (2)
56. Svetlana Livdan
Electrification of Existing Buildings
57. Phoebe Sorgen
58. Thomas Lord
Zoning Rules for Housing
59. Marissa Moss
LRDP and Housing Project #1 and #2
60. Robert Breuer Family
American Rescue Plan Act Monies
61. Richard Rollins
Berkeley Police Department Audit Report
62. Jane Martin
Traffic at Grizzly Peak/Marin/Summit Drive
63. Joshua Bloom
URL’s Only
64. phcanin@
65. russbumper (3)
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.