City Council Regular Meeting eAgenda September 28, 2021
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 28, 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 |
Notice: We are experiencing technical difficulties with the Live Webcast of the September 28, 2021 meeting. You can watch the meeting on Channel 33 or access the meeting remotely using Zoom.
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/82143975247. 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: 821 4397 5247. 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.
- Adjournment in Memory of Professor Leon Litwack, UC Berkeley Professor
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 Items
Re-Establishing a COVID-19 Business Damage Mitigation Fund
Supplemental material (Supp 3)
From: Mayor Arreguin
Recommendation:
Refer to the City Manager to re-establish the COVID-19 Business Damage Mitigation Fund
in an amount up to $50,000 to provide one-time grants to small businesses who
experience property damage due to vandalism and other problematic behavior during
this COVID-19 local State of Emergency. Authorize the City Manager to appropriate funding for the
Mitigation Fund from Berkeley Relief Fund donations received through the East Bay Community Foundation.
Financial Implications: Up to $50,000
Contact: Mayor Jesse Arreguin, (510) 981-7100
Resolution Making Required Findings Pursuant to the Government Code and Directing City
Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Attorney's Office
Recommendation:
Adopt a resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that
as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall
continue to meet via videoconference and teleconference.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney (510) 981-6998
1. |
Contract No. 32100192 Amendment: California Constructores for Construction of Pedestrian Improvements at California Street/Dwight Way Intersection |
2. |
Amendments to Berkeley Municipal Code Section 19.44.020 (Housing Advisory Commission) |
3. |
Transfer of Two Property Parcels to the State of California for the Ashby-San Pablo Intersection Improvements Project |
4. |
Contract No. 9712A Amendment: QuickCaption, Inc. for Real-Time Closed Captioning Stenography Services |
5. |
Grant from the William and Flora Hewlett Foundation |
6. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 28, 2021 |
7. |
Contract: Genasys for Citywide Outdoor Warning System |
8. |
Grant Application: Funding from FEMA’s Assistance to Firefighters Grant to Support a Regional Fire Service Leadership Development Academy |
9. |
Contract No. 31900132 Amendment: Building Opportunities for Self-Sufficiency for Representative Payee Services |
10. |
Contract: Berkeley Free Clinic for Laboratory Services |
11. |
Memorandum of Understanding with Alameda County Behavioral Health Care Services for Wellness Center Operations |
12. |
Donation: Memorial Bench at Cesar Chavez Park in Memory of Nancy Park |
13. |
Donation: Memorial Bench at Greg Brown Park in memory of Michael, Anna, and John Wyman |
14. |
Donation: Memorial Bench at the Jane Hammond Softball Field at Corodonices Park in memory of Dixie Lewis |
15. |
Donation: Memorial Bench at Shorebird Park at the Berkeley Marina in Memory of Shay M. Finnegan |
16. |
Exclusive Negotiating Agreement with Innovation Properties Group for 199 Seawall Drive |
17. |
Contract No. 10508 Amendment: Ben Noble, City and Regional Planning for Zoning Ordinance Revision Project (ZORP) |
18. |
Lease Agreement with Motorola Solutions for Public Safety Radios |
19. |
Purchase Orders: Bruce’s Tire, Inc. for New Automobile and Truck Tires |
20. |
Extending the Requirements for Telestaff Time Reporting |
21. |
Appointment of Tommy Escarcega to Mental Health Commission |
22. |
Referral to Strengthen Public Health and Environmental Impact Mitigation for Industrial Facilities in the Manufacturing Zone |
23. |
Amending BMC Section 14.56.070 for 3-Ton Commercial Truck Weight Limit on Berkeley’s Bicycle Boulevards and on At-Risk West Berkeley Residential Streets |
24. |
Resolution in Support of Afghan Refugees
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25. |
Accessible Recreation Center for Ashby BART East Parking Lot (Item contains revised materials) |
26. |
Adopt a Resolution Renewing and Re-Affirming Wildfire Prevention and Safety |
27. |
Amending BMC Section 14.56.040 to Reduce the Commercial Weight Limit on Marin Ave |
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. |
28. |
ZAB Appeal: 2943 Pine Avenue, Use Permit #ZP2020-0107 |
29. |
Response to Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns; Amending BMC Chapters 23C.24 and 23F.04 (Continued from July 13, 2021) |
30. |
Adopt a Resolution and Ordinance for a Shared Electric Micromobility Permit Program |
31. |
Approval of Interim Regulations for the Police Accountability Board and Office of the Director of Police Accountability for Handling Complaints Against Sworn Officers of the Police Department |
32. |
Adoption of the Baseline Zoning Ordinance (BZO) (Continued from September 14, 2021) (Item contains supplemental material) |
33. |
Objective Standards Recommendations for Density, Design and Shadows |
34. |
Sanctuary City Contracting Compliance Report for FY 2020 |
35. |
Financial First Aid Kit: A Guide to Emergency Financial Preparedness for Berkeley Residents |
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.
- Anne Nachtwey
- Everett and Shannon Hartwell
Tent Encampments - Homelessness
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Jae Wheeler, oh behalf of Music Lovers, Inc. (2)
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Charles Clarke
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Jed Waldman
BART Housing
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Ann Einkelstein
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Theo Posselt
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Serena Lim
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Elliot Parrish
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Matthew Wadlund
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Tyson Miklebost
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Forest Kaser
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Laura Stevens
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Jane Scantlebury
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Ariella Granett
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Betsy Thagard
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Donna Graves
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Sean Kennedy
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Laura Klein
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Marcia Freedman
Masks – Vaccines – COVID-19
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Wise Queen
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Alfred Manning
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Snowsu2t3@
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Vivian Warkentin
Satellite Affordable Housing Associates (SAHA)
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Sabina McMurtry
UA Homes
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Benjamin Hubbell
Drinking Water in Berkeley
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David Lerman
East Bay Community Energy
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EBCE
1740 San Pablo Ave New Construction – Funding Application
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Kate Traynor, on behalf of BRIDGE
Support for Affordable Housing Overlay
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BNHCA Steering Committee
Free Speech at Council Meetings
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Barbara Gilbert
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Eric Friedman
Ashby Garden at 1376 Ashby - Land Purchase Proposal
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Bonnie Borucki
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.