City Council Special Meeting eAgenda June 29, 2021
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, June 29, 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 |
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/83147858591. 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: 831 4785 8591. 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.
Urgent Item
Adopt a Resolution Updating Guidelines and Procedures for City Council Office Budget Expenditure Accounts and Refer to the Budget Process Pursuant to Resolution No. 69,928–N.S.
From: Councilmember Harrison (Author)
Recommendation:
1. Adopt a Resolution updating the guidelines and procedures for City Council office budget expenditure accounts and rescinding and superseding Resolution No. 65,540-N.S.; and,
2. Refer to the budget process pursuant to this Resolution and Resolution No. 69,928–N.S.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4 (510) 981-7140
Consent Calendar | |||
1. |
FY 2022 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) |
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2. |
FY 2022 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I) |
3. |
FY 2022 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election) |
4. |
FY 2022 Tax Rate: Business License Tax on Large Non-Profits |
5. |
FY 2022 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) |
6. |
FY 2022 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping |
7. |
FY 2022 Special Tax Rate: Fund the Provision of Library Services |
8. |
FY 2022 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E) |
9. |
FY 2022 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) |
10. |
FY 2022 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) |
11. |
FY 2022 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG) |
12. |
FY 2022 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax) |
13. |
Referral Response: Path to Permanence: Outdoor Dining and Commerce in the Public Right-of-Way |
14. |
Minutes for Approval |
15. |
Contract No. 099148-1 Amendment: Code Publishing Company for Berkeley Municipal Code Publishing Services |
16. |
Appointment of Interim Director of Police Accountability |
17. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 29, 2021 |
18. |
Appropriations Limit for FY 2022 |
19. |
FY 2022 Revision to the Investment Policy and Designation of Investment Authority |
20. |
Request for Proposal for Project Homekey |
21. |
Fiscal Year 2022 Community Development Block Grant Public Facility Improvement Program Funds for the West Berkeley Service Center |
22. |
Contract No. 31900254 Amendment: Easy Does It to Provide Emergency Disability Services and Audit Recommendation Update for Fiscal Year 2022-2023 |
23. |
Fiscal Year 2022 and Fiscal Year 2023 Housing Retention Program Contract |
24. |
Adopt a Resolution to Upgrade Residential and Commercial Customers to East Bay Community Energy (EBCE) Renewable 100 Plan |
25. |
Berkeley’s Fleet Replacement: Fund Short by Millions |
Council Consent Items |
26. |
Resolution Supporting Freedom for Nasrin Sotoudeh |
27. |
Resolution Urging the Metropolitan Transportation Commission to Program and Prioritize American Rescue Plan Act Funds |
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. 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 – Old Business |
28. |
Police Accountability Board – Appointment of Members (Continued from June 1, 2021) |
Action Calendar - New Business |
29. |
FY 2022 Budget Adoption From: City Manager |
30. |
FY 2022 Annual Appropriations Ordinance |
31. |
Borrowing of Funds and the Sale and Issuance of FY 2021-22 Tax and Revenue Anticipation Notes |
32. |
Voluntary Time Off Program for FY 2022 |
33. |
FY 2022 Civic Arts Grant Awards |
34. |
FY 2021 Second Quarter Investment Report: Ended December 31, 2020 |
35. |
FY 2021 Third Quarter Investment Report: Ended March 31, 2021 |
36. |
2021 Commission on Aging 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 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 June 17, 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 #26: Resolution Supporting Freedom for Nasrin Sotoudeh
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Nazila Tobaei
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Riya Master
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Kianna Imani
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Anonymous
Berkeley Marina (BMASP) and Pier/Ferry Project from Marina Users
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Camille Antinori and David Fielder, on behalf of the marina users
Tenants Opportunity to Purchase Act (TOPA)
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Andrew Godar
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Carol Wyatt
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Sam Weng
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Julie Saxe-Taller
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Timothy Kim
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Peter Schiller
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Hayley Currier
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Bethany Kaylor
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Mary Telling
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Cheryl Davila (2)
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Alex Werth
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Ann Harvey
Climate Equity Action
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Cate Leger, Berkeley Energy Commission
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Ariella Granett
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Lily Cohen
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Janet Stromberg
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Natalie Nussbaum
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Mary Ann Furday
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Margot Smith
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Christie Keith
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Susan Kirsch
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Andrea Mullarkey
Electrification
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Janet Stromberg
Berkeley Housing Authority (BHA) Negative Experiences
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BHA staff
Grizzly Peak Problems
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Joshua Bloom (2)
BART Housing
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The-Anh Cao
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Reynaldo Santa Cruz
Zoning Reform on Property Values
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Margot Smith
Housing
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Madeleine Shearer (2)
Affordable Housing Overlay Support
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Planning Students Association of Cal
People’s Park
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Russbumper
Outdoor Shelter and Enforce No Sidewalk Camping
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Claudia Eyzaguirre
Evictions
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Cadance Malone
Measure FF: Update from the Fire Department
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David Peattie, on behalf of the Berkeley Disaster Prep Neighborhood Network
Library Issues
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Barbara Gilbert
Parking Meters
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Barbara Gilbert
Berkeley’s New Police Chief
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Friends of Adeline
Employment Development Department
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Rodak Goa
Skateboard Park
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Alex Gomez-Pendleton
Daniel Hale Whistleblower
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Russbumper
Speech to VTA
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Blair Beekman
Live Music Is Back in Downtown Berkeley Plaza
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Downtown Berkeley Association
Traffic Control Measures at Cragmont Elementary School
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Edward and Noelle Long
CalPERS Response Letter to Resolution No. 69,829-N.S. of 4/27/2021
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California Public Employees’ Retirement System
URL’s Only
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Vivian Warkentin (2)
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Russbumper (4)
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.