City Council Regular Meeting eAgenda April 23, 2019
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, April 23, 2019
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.
- Recognition of Osha Neumann
- Holocaust Remembrance Day
- Presentation: Alameda County Mosquito Abatement District
- Adjourned in Memory of Sue Hone, Former Berkeley City Councilmember
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.
Consent Calendar |
1. |
Cannabis Ordinance Revisions; Amending the Berkeley Municipal Code |
2. |
Contract: Masayuki Nagase for North Berkeley Senior Center Measure T1 Public Art Commission |
3. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 23, 2019 |
4. |
Purchase Orders for Crayon Inc.: Using Riverside County’s Joint Volume Licensing Program to Renew Microsoft’s Enterprise Agreement |
5. |
Contract No. 118499-1 Amendment: Civic Makers, LLC for FUND$ Replacement Change Management Support Services |
6. |
Donation: Memorial Bench at Cesar Chavez Park in memory of Julio Costa Furtado |
7. |
Donation: Memorial Bench at Cesar Chavez Park in memory of Barry Wofsy |
8. |
Donation: Information Display Case at the Berkeley Rose Garden |
9. |
Grant Application: Cosco Busan Round 2 Grant Program from the National Fish and Wildlife Foundation |
10. |
Contract No. 9668 Amendment: Serological Research Institute for DNA Testing Services |
11. |
Contract: Bay Cities Paving & Grading, Inc. for Street Rehabilitation & Surface Seals FY 2019 Project |
12. |
Contract No. 10276A Amendment: Interface Engineering, Inc. for On-Call Electrical Engineering Services |
13. |
Authorize Negotiation in the Open Market for the FY2018 Measure M Low Impact Development (LID) Woolsey Street Project, Specification 18-11183-C |
14. |
Resources for Community Development’s 2001 Ashby Avenue Predevelopment Loan Application |
15. |
Senate Constitutional Amendment 1 and Assembly Bill 10 |
Consent Items |
16. |
Authorize Sending a Letter of Support for AB-953 “Cannabis: state and local taxes: payment by digital asset” to Assemblymember Phil Ting |
17. |
The Center for Food, Faith, and Justice and Green the Church: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds |
18. |
Black Repertory Group Theater: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds |
19. |
U1 Funds for Predevelopment Costs of Proposed Development at 2001 Ashby Avenue |
20. |
Budget Referral: Good Government Ombudsman |
21. |
Support for Zero Emission Bills |
22. |
Adopt an Ordinance Adding Chapter 13.104 to the Berkeley Municipal Code Establishing a Prohibition on Contracting with Vendors Acting as U.S. Immigration and Customs Enforcement (ICE) Data Brokers, or Those Providing Extreme Vetting Services to ICE (Reviewed by the Agenda and Rules Committee) |
23. |
Resolution in Support of a Public Bank |
24. |
Letters In Support of SB 54 (Allen) and AB 1080 (Gonzalez) |
25. |
Co-Sponsor the Screening of "Near Normal Man" |
26. |
Support for SB 188 (Hairstyle Anti-Discrimination Law) |
27. |
Support for ACA-1: Local Government Financing: Affordable Housing and Public Infrastructure: Voter Approval |
28. |
Support for AB 273 and AB 44: Prohibit Fur Trapping and Sales |
29. |
Refer to the City Manager and the Housing Advisory Commission to Consider Reforming the Affordable Housing Mitigation Fee (Reviewed by the Land Use, Housing & Economic Development Committee) |
30. |
Relinquishment of Council Office Budget Funds: “Post-Memory: A Decade of Art and Activism in Berkeley,” an art exhibit in honor of Zachary Cruz |
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 |
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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, 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. |
31. |
ZAB Appeal: 1722 Walnut St (Continued from March 26, 2019) |
Action Calendar – Old Business |
32. |
Missing Middle Housing Report (Continued from March 26, 2019. Item contains revised and supplemental material.) |
33. |
Adopt a Spot Initiative (Continued from April 2, 2019) |
34. |
Referral Response: Updated Policy for Emergency Standby Officers for the Mayor and Councilmembers (Reviewed by the Agenda and Rules Committee) |
Council Action Items |
35. |
Paid Family Leave Policy in Berkeley to Supplement California Paid Family Leave Program |
36. |
Allocate $400,000 from the Street and Open Space Improvement Fund for the Design and Construction of a Protected Milvia Bikeway Pilot Project between University Avenue and Allston Way |
Information Reports |
37. |
Ethical Climate Audit Status Report |
38. |
Ambulance Billing Audit Follow Up |
39. |
Status Report: City at Crossroads as Long-Standing Need for Structured Approach to Line of Business Experts Function Intersects with ERP Implementation |
40. |
LPO NOD: 2300 Shattuck Avenue, #LMSAP2019-0001 |
41. |
LPO NOD: 1414 Walnut Street/#LMSAP2018-0005 for the Former Garfield School |
Public Comment – Items Not Listed on the Agenda |
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 981-6418 (V) or 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 April 11, 2019.
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 #1: Cannabis Ordinance Revisions; Amending the Berkeley Municipal Code
- Sameen Ahmad, on behalf of High Times
- Adria-Ann McMurray
Item #36: Allocate $400,000 from the Street and Open Space Improvement Fund for the Design and Construction of a Protected Milvia Bikeway Pilot Project between University Avenue and Allston Way
- Tom Buoye
RV Ordinance
- Colin Palmquist
- Jessica Behrman
- Patricia and Lee Hustead
Housing
- Karen Westmont
- Friends of Adeline
- Donald Goldmacher
- Russbumper
BART
- Sharon Simburg
- North Berkeley Neighborhood Alliance
- Barbara Fisher
Encampments
- Bernice Gross
- Virginia Burton
- Liz Ruhland
5G
- Ben Burch
- Vivian Warkentin
- Phoebe Anne Sorgen
- Susan Brinchman
- Annamarta Dostourian
Budget and Finance
- Kelly Hammargren
- Barbara Gilbert
- Isabell Gaston (2)
- Janice Greenberg (3)
- Jessica Behrman
Berkeley Marina Liveaboard
- Christina Lisac
Help Needed on Francisco Street
- Mathew Rogers
Berkeley Green Monday
- Amy Halpern-Laff
Lake Merritt Pollution
- Richard Bailey
East Bay Community Energy Meetings
- East Bay Community Energy
Bay Area Poor People’s Hearing
- Amanda Baldiga (2)
“Bordertown” Berkeley/Oakland
- Janice Greenburg
Opportunity Zones
- Barbara Gilbert
Healthy City for All
- Suzanne Lennard
Fund Rebuilding Together and Inter-City Services
- Thomas Lord
Rail Safety and Rail Transit Related Problems
- Beth Gerstein, Legislative Aid for Councilmember Kesarwani
Global Banks and Fossil Fuels
- Donald Goldmacher
Community Activism Ideas
- David Dixon
Reality
- Steve Kromer
Hit and Run at Durant and Telegraph
- Max Ventura
- Jonah Markowitz (2)
- Christopher Kohler
Council Meeting Broadcasts
- Janice Greenberg
- Barbara Gilbert
City Real Estate Transfer Tax
- Paul Weir and Maria Gimenez Cacho
Berkeley Parks Closed
- Noah Nathan
West Campus Pool
- Tobie Lurie
- Francine and Gary Foltz
- Donna Mickleson
- Erica Buhrmann and Ron Drucker
Marina Parking
- Jonathan Love and Satya Robinson
- Joshua Morrill
- Mayo & Robyn Ryan
Toxic Fire Fighting Foam
- David Lerman
Public Health
- Carol Denney
EV Charging
- Elisa Mikiten
Boards and Commissions Publishing Minutes
- Kelly Hammargren
BPD Report on Stop Data
- Elliot Halpern
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.