City Council Regular Meeting eAgenda December 10, 2019
REVISED AGENDA
(ADDED CONTINUED ITEMS FROM DECEMBER 3, 2019)
BERKELEY CITY COUNCIL MEETING
Tuesday, December 10, 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.
- Adjourn in memory of Hampton Smith, former City of Berkeley employee
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.
Urgent Item: Women's Therapy Center Debt Relief Effort: Relinquishment of Council
Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmembers Harrison, Robinson, Hahn, and Mayor Arreguin
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000
per Councilmember including $100 from Councilmember Kate Harrison, to Women's Therapy
Center's Debt Relief Effort (http://www.womenstherapy.org). Funds would be relinquished to the City's
general fund for this purpose from the discretionary Council Office Budget of Councilmember
Harrison and any other Councilmembers who would like to contribute.
Consent Calendar- Continued Business
A. |
Adopt an Ordinance adding a new Chapter 9.50 to the Berkeley Municipal Code Requiring Legal Rights for Legal Tender (Reviewed by the Land Use, Housing & Economic Development Policy Committee. Continued from December 3, 2019) |
B. |
Amendment: FY 2020 Annual Appropriations Ordinance (Continued from December 3, 2019) |
Consent Calendar |
1. |
Minutes for Approval |
2. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 10, 2019 |
3. |
Contract: First Alarm Security & Patrol, Inc. for Citywide Security Services |
4. |
Revenue Contract: Community Services Block Grant for Calendar Year 2020 |
5. |
Memorandum of Understanding for a Winter Relief Program |
6. |
Jointly Apply for Infill Infrastructure Grant Funding for Projects Seeking City Funding through the 2019 Housing Trust Fund Request for Proposals |
7. |
Jointly Apply for No Place Like Home Funding for Maudelle Miller Shirek Community at 2001 Ashby Avenue |
8. |
2020 Health Plan Changes |
9. |
Contract No. 31900092 Amendment: Basic Pacific, Third-Party Administrator for COBRA Administration and Retiree Health Premium Assistance Plan Administration |
10. |
Contract No. 10542 Amendment: ServiceNow, Inc. for Information Technology Service Management, Project Management, and Government Risk and Compliance Software Licenses |
11. |
Waiver of City Ordinance No. 7,650-N.S. for Berkeley Tuolumne Camp Reconstruction Contracts |
12. |
Contract No. 32000082 Amendment: Mar Con Builders, Inc. for Live Oak Community Center Seismic Upgrade Project |
13. |
Contract No. 10793 Amendment: Siegel & Strain Architects for Construction Administration for the Berkeley Tuolumne Camp Project |
14. |
Adjustments to the Measure T1 Phase 1 Project List |
15. |
Referral Response: Telegraph Avenue Loading Zone and Customer Parking Pilot Project Evaluation and Next Steps |
16. |
Purchase Order: National Auto Fleet Group for Nine Ford F-Series Pickup Trucks with Various Service Body Configurations |
17. |
Contract Nos. 31900080 and 31900205 Amendment: Edgeworth Integration, LLC for Server Storage |
18. |
Contract No. 9893B Amendment: ABM Industries for Expanding Electric Vehicle Charging Station Operations and Extended Maintenance Program |
19. |
Contract: Pacific Trenchless, Inc. for Sanitary Sewer Rehabilitation and Replacement at Various Locations |
20. |
Contract: Precision Engineering Inc. for Sanitary Sewer Rehabilitation and Replacement at Various Locations |
21. |
Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation and Replacement at Various Locations |
22. |
Contract No. 10396A Amendment: Du-All Safety, LLC for Safety Consulting and Training Services |
23. |
Contract No. 31900124 Amendment: B Bros Construction Inc. for Adult Mental Health Services Center Renovations Project at 2640 Martin Luther King Jr Way |
24. |
2019 Housing Trust Fund Request for Proposals Funding Reservations |
25. |
Support for Non-Violent Activists and Protections of Animals in Commercial Operations |
26. |
Ninth Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund |
27. |
February 2020 Berkeley Black History Month organized by Berkeley Juneteenth Association: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such 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 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. |
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. |
28. |
2019 Local Hazard Mitigation Plan |
29. |
Implement Residential Preferential Parking (RPP) Program on the 1500 Block of Lincoln Street |
Action Calendar - Continued Business
C. |
Recommendation to Immediately Fund and Implement the Safe Passages Program and Additional Actions to Ensure Emergency Equipment Access to All Parts of the City (Continued from December 3, 2019) |
Da. |
Public Works Commission Recommendation for the Five-Year Paving Plan (Continued from December 3, 2019) |
Db. |
Companion Report: Public Works Commission Recommendation for the Five-Year Street Rehabilitation Plan (Continued from December 3, 2019) |
Action Calendar - New Business |
30. |
Urgency Ordinance Amending Accessory Dwelling Unit (ADU) Ordinance to Comply with New State Law and Establish Interim Limits on Development; Amending BMC Chapter 23C.24 |
31. |
Approval of a Memorandum of Understanding between the City of Berkeley and BART on Implementation of State Law AB 2923 at the Ashby and North Berkeley BART Stations and Establishment of a Community Advisory Group |
Information Reports |
32. |
City Council Short Term Referral Process – Monthly Update |
33. |
Examination of Department Directors Transition Procedures Follow-Up Audit - Status Report |
34. |
Recommendation Status Reports: Credit Card Audit, Cash Handling, Business License Tax, and Contracts Review Audits |
35. |
Public Health Division Strategic Plan Update |
36. |
Report on Workers’ Compensation Annual Program Review FY18-19 |
37. |
goBerkeley Parking Management Program - Recommended Adjustments for February 1, 2020 |
38. |
Recommendation Follow Up Report, December 2019 |
Public Comment – Items Not Listed on the Agend |
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 (510) 981-6418 (V) or (510) 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 November 27, 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 #14: Modification of Measure T1 Phase 1 Project List
- MiSoon Yang (2)
Item #25: Support for Non-Violent Activists and Protections of Animals in Commercial Operations
- Shawna Hamilton
Item #31: Approval of a Memorandum of Understanding between the City of Berkeley and BART on Implementation of State Law AB 2923 at the Ashby and North Berkeley BART Stations and Establishment of a Community Advisory Group
- Mary-Louise Hansen
Women’s Therapy Center
- Margie Cohen
Kids Art Contest – North Berkeley BART
- Beth Gerstein, on behalf of Councilmember Kesarwani
Trash Pick Up at University and Highway 80
- Diana Bohn
Pedestrian Protection at Shattuck and Woolsey
- Ashleigh Kanat
UC Berkeley/Citywide Security Concerns
- Marianna Bacher
Public Safety Power Shutoffs
- Thomas Gregory
Nutrition Standards at Checkout
- Darya Minovi, on behalf of the Center for Science in the Public Interest
- Xochitl Castaneda, on behalf of the Health Initiative of the Americas
- Amanda Nube
- Juan Garay
Support YSA’s Tiny House Village Project
- Sara Fread
- Helen Toy
- Eunice Orfa Bonfil Tapia
2710 Shattuck Apartment Building
- Hector Salgado
5G/Cell Antenna Regulation
- Meaveen O’Connor
- Carol Pinson
- Beth Jerde
- Councilmember Harrison
- Gar Smith
- T. Tobey
- Regina DiMaggio
- Tom Luce
- Susan Griffin
- Vivian Warkentin
Opportunity Zones
- Margy Wilkinson
Police Review
- Linda Franklin
Affordable Housing Framework
- Linda Franklin
Here/There Encampment
- Pedro Alvarez, Jr.
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.