City Council Regular Meeting eAgenda July 28, 2020

REVISED AGENDA

(ADDED CONTINUED ITEM FROM jULY 23, 2020)

BERKELEY CITY COUNCIL MEETING

Tuesday, July 28, 2020

6:00 PM

Jesse Arreguin, Mayor

Councilmembers:

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/83653444287.  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 and enter Meeting ID: 836 5344 4287. 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 an e-mail comment during the meeting to be read aloud during public comment, email clerk@cityofberkeley.info with the Subject Line in this format: “PUBLIC COMMENT ITEM ##.” Please observe a 150 word limit. Time limits on public comments will apply. Written comments will be entered into the public record. 

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.

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.

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.

2.-City Consent to Declaration of Easements Between 2009 Addison and 2015 Addison
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,728-N.S. authorizing the City Manager to give City consent to an amended declaration of easements for safety and access between 2015 Addison Street, which is owned by the Berkeley Repertory Theater, and 2009 Addison Street, owned by the Joint Powers Financing Authority, leased by the City of Berkeley, and subleased to the Berkeley Repertory Theater.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

3.-Resolution Reviewing and Ratifying the Proclamation of Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020 and June 16, 2020.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

4.-Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the council meetings of June 2, 2020 (closed and regular), June 9, 2020 (special and special), June 16, 2020 (special, special and regular), June 22, 2020 (closed), June 23, 2020 (special), June 24, 2020 (closed) and June 30, 2020 (closed and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

5.-Establish 2021 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2021, with starting times of 6:00 p.m.
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

6.-Grant to Animal Services from the Avast Foundation
From: City Manager
Recommendation: Adopt a Resolution accepting a grant for Animal Services from the Avast Foundation in the amount of $10,000.
Financial Implications: Animal Services Donation Fund - $10,000 (grant)
Contact: Erin Steffen, City Manager's Office, (510) 981-7000

7.-Grant from the California Arts Council
From: City Manager
Recommendation: Adopt a Resolution accepting a $10,500 grant from the California Arts Council for the Berkeley Civic Arts Program to partner with the Berkeley Unified School District (BUSD) and four community arts providers to provide arts programming for BUSD summer sessions.
Financial Implications: See report
Contact: Jordan Klein, Economic Development, (510) 981-7530

8.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 28, 2020
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $8,645,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

9.-Contract No. 32000094 Amendment: Youth Spirit Artworks to Provide Transition Age Youth (TAY) Case Management and Linkage Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with vendor Youth Spirit Artworks (YSA) to provide Transition Age Youth (TAY) case management and linkage services through June 30, 2021 in an amount not to exceed $317,000.  This will extend the existing contract by one year and add in $100,000.
Financial Implications: See report
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

10.-Revenue Grant Agreement: Federal COVID19 Funding Support from the Centers for Disease Control and Prevention for the Epidemiology and Laboratory Capacity CARES Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to Heluna Health, to accept this COVID19 response grant, and to execute any resultant revenue agreements and amendments; which enables us to conduct and implement mitigation strategies in response to COVID19 for the following revenue agreement: Public Health Emergency Preparedness’s COVID-19 Response Program in the projected allocation of $196,965 for FY 2021.
Financial Implications: See report
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

11.-Operating Funding for Community Housing Development Organizations
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving a multiyear operating funding contract for Resources for Community Development (RCD) and Satellite Affordable Housing Associates (SAHA), starting FY21 and ending FY25; 2. Approving funding in the amount of $50,000 to RCD and $50,000 to SAHA for FY21; 3. Authorizing City Manager or her designee to determine the amount of funding to be awarded to each organization in subsequent years, FY22 to FY25, based on the amount of the City’s annual allocation of Community Housing Development Organization (CHDO) HOME funds and availability of General Fund match; and 4. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.
Financial Implications: See report
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

12.-California Mental Health Services Authority (CalMHSA) Participation Agreement for the Mental Health Services Act, Innovations, Help@Hand Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an agreement with the California Mental Health Services Authority (CalMHSA) to enable the City of Berkeley to participate in the Mental Health Services Act (MHSA) Innovations (INN) Help@Hand multi-county collaborative project, and to extend the project through June 30, 2024.
Financial Implications: See report.
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

13.-Contract Amendments: Contract No. 42000079 with Community Services Block Grant (CSBG) for Calendar Year 2020-21 and Contract No. 32000238 with Downtown Berkeley Association (DBA) for Double Helping Hand Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to:
1. Execute an amendment to Contract No. 42000079 with the State of California’s Department of Community Services and Development (CSD) for Community Services Block Grant (CSBG) Contract Number 20F-3001 to increase the amount to $304,355 and extend the contract period to May 31, 2021, and to execute any resultant agreements and amendments to provide services to low-income people for the period January 1, 2020 to May 31, 2021; and
2. Execute an amendment to Contract No. 32000238 with the Downtown Berkeley Association (DBA) for the Double Helping Hand program for meals for the unhoused population by providing an additional $37,492 in CSBG funding for a total amount not to exceed $87,492.
Financial Implications: See report
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

14.-Contract No. 7167J Amendment: Superion, LLC for Upgrade and Support Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend  Contract No. 7167J with Superion, LLC for development of functionalities, installation and preparation for the software upgrade of the City’s FUND$ system on the AS400 platform, increasing the contract amount by $90,000 for a total not-to-exceed amount of $3,565,765 from July 1, 2006 through June 30, 2021.
Financial Implications: Various Funds - $90,000
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

15.-Contract No. 31900122-1 Amendment: Rolling Orange, Inc. for Website Redesign, Web Content Management System (CMS), and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for the additional web application development, for an amount not-to-exceed $72,000 and a total contract value not-to-exceed $559,300 from March 1, 2019 to June 30, 2022.
Financial Implications: IT Cost Allocation Fund -$72,000
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

16.-Contract No. 10549A Amendment: Tyler Technologies Enterprise Resource Planning System for software licensing, implementation and maintenance services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Tyler Technologies for software licensing, enhanced implementation services and maintenance services for the online Enterprise Resource Planning (ERP) system for the amount not to exceed $650,000 and a total contract value not to exceed $3,952,663 from April 1, 2017 to June 30, 2023.
Financial Implications: FUND$ Replacement Fund - $650,000
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

17.-Contract No. 10515A Amendment: Tyler Technologies, Inc. for New World Public Safety Computer Aided Dispatch (CAD 911) Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10515A with Tyler Technologies, Inc. for New World’s Computer Aided Dispatch (CAD) for Police and Fire, Mobile messaging and field reporting modules, for license renewal, software support and maintenance services, increasing the amount by $367,500, for a total not to exceed $1,555,230 for the period March 30, 2017 to June 30, 2021.
Financial Implications: General Fund - $367,500
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

18.-Contract: ePlus for Cohesity Backup Solution and Hosted Cloud Storage
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Contract with ePlus for the Cohesity backup solution and hosted cloud storage, for a total contract amount not to exceed $608,400 for the term September 1, 2020 through August 31, 2025.
Financial Implications: IT Cost Allocation Fund - $608,400
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

19.-Contract: Digital Hands for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and subsequent amendments with Digital Hands, for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM), for a total not to exceed amount of $405,000, from September 1, 2020 to August 31, 2023.
Financial Implications: IT Cost Allocation Fund - $405,000
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

20.-MOU with “A Safe Place” Domestic Violence Shelter
From: City Manager
Recommendation: Adopt a Resolution approving the Memorandum of Understanding (MOU) entitled “Memorandum of Understanding with A Safe Place, a domestic violence shelter provider, and authorize the Chief of Police to enter into this agreement and any amendments.
Financial Implications: See report
Contact: Andrew Greenwood, Police, (510) 981-5900

21.-MOU with California Department of Justice to Accept Grant for Submission and Testing of Sexual Assault Evidence
From: City Manager
Recommendation: Adopt a Resolution approving the Memorandum of Understanding (MOU) entitled “Memorandum of Understanding with the California Department of Justice.”  The Berkeley Police Department has been selected to receive a $312,284 grant for testing untested Sexual Assault Evidence.  Approving this MOU will allow reimbursement of testing expenses and related costs covered by the grant. Authorize the Chief of Police to enter into this agreement and any amendments.
Financial Implications: See report
Contact: Andrew Greenwood, Police, (510) 981-5900

22.-Lease Agreement: 1001 University Avenue with The Berkeley Food Network
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a retroactive lease agreement with The Berkeley Food Network (BFN) to use the City property at 1001 University Avenue for a three-year lease term with an option to extend for two additional one-year terms.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

23.-Grant Applications: Highway Safety Improvement Program Cycle 10
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to submit grant applications to the California Highway Safety Improvement Program (HSIP) Cycle 10 for the following projects: Protected Left-Turn Signals at multiple signalized intersections for up to $4 million and Sacramento Street Pedestrian Crossings for up to $250,000.
Financial Implications: See Report
Contact: Liam Garland, Public Works, (510) 981-6300

24.-Contract 9274A Amendment: Ascentis Corporation 9274A for Biometric Time Card Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9730A with Ascentis Corporation for biometric time card services to extend the contract term by one year to June 30, 2022, and increase the contract amount by $25,000 for a total contract amount not to exceed $75,000.
Financial Implications: Varous Funds - $25,000
Contact: Liam Garland, Public Works, (510) 981-6300

25.-Contract: McNabb Construction Inc. for the Codornices Creek Restoration at Kains Avenue Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Codornices Creek Restoration Kains Avenue Project, Specification No. 20-11368-C; accepting the bid of McNabb Construction Inc. as the lowest responsive and responsible bidder; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $550,127.
Financial Implications: Various Funds - $550,127
Contact: Liam Garland, Public Works, (510) 981-6300

26.-Referral Response: An Action Plan for Greening the City of Berkeley Fleet of Vehicles
From: City Manager
Recommendation: Receive the City of Berkeley Municipal Fleet Electrification Assessment, a plan to accelerate Berkeley’s municipal fleet electrification by 2030, and refer to the City Manager to pursue grant and rebate opportunities through East Bay Community Energy and other entities to support its recommendations for transitioning fleet vehicles away from fossil fuels to electric vehicles, including charging infrastructure and associated distributed energy resource options.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

27.-Amendments to the Berkeley Election Reform Act to prohibit Officeholder Accounts; Amending BMC Chapter 2.12  (Reviewed by the Agenda & Rules Committee) (Item contains supplemental material)
From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an ordinance amending the Berkeley Election Reform Act, Berkeley Municipal Code Chapter 2.12, to prohibit Officeholder Accounts (See Section 18531.62. Elected State Officeholder Bank Accounts, Regulations of the Fair Political Practices Commission).
(On June 29, 2020, the Agenda and Rules Committee made a Positive Recommendation to the City Council that the item be referred to the Agenda & Rules Committee to be considered with other related referrals from the Fair Campaign Practices Commission.)
Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

28.-Opposition to Nuclear Warfare
From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution marking the 75th anniversary of the atomic bombings of Hiroshima and Nagasaki with a call to prevent nuclear war.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

29.-Support Berkeley Humane Society’s Nonprofit Bark (& Meow) for the Around the Block Adoption Event and Family Street Fair in West Berkeley on August 29, 2020, organized by Berkeley Humane Society: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Davila (Author), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Councilmember Cheryl Davila, to Berkeley Humane Society’s Nonprofit Bark (& Meow) for the Around the Block Adoption Event and Family Street Fair in West Berkeley on August 29, 2020, organized by Berkeley Humane Society, with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Davila, the Mayor and any other Councilmembers who would like to contribute. (COVID-19 Update: If it is not safe to hold the one-day event a month-long virtual adopt-a-thon will be held instead to find homes for over 100 shelter pets).
Financial Implications: See report
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

30.-Providing our Unhoused Community in the City of Berkeley with Menstrual Products (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
Revised material (Supp 2)
From: Councilmember Davila (Author)
Recommendation:
1. Adopt a Resolution to create an allocation of the budget towards annual purchasing of menstrual products and dispensers that will be distributed in three ways: A. Regularly scheduled replenishment of dispensers across public restrooms; B. Provide supplies to the City supported shelters, mental health offices, shower programs, and navigation centers; C. Homeless Outreach to include distribution to encampments and RV dwellers.
2. Resolution will allocate $10,000 of the budget for the first year, and $8,000 for every consecutive year.
3. Direct the City Manager to use existing homeless services funding to develop and deploy a program to provide a broad spectrum of menstrual products, including but not limited to, feminine hygiene, pads, tampons, underwear, and other related products, both through the City’s outreach direct services, as well as through the community based homeless services providers. Additionally, require some elements of this program be deployed immediately, with a full program deployment within six months.
Financial Implications: See report
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

31.-Resolution in Support of 1921 Walnut Street
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt A Resolution Is Support of The Preservation of 1921 Walnut Street, Currently Under The Threat of Being Purchased and Demolished by the University of California at Berkeley.
Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

32.-Adopt a Resolution Implementing Core Police Accountability Board and Director of Police Accountability functions by July 1, 2021
From: Councilmember Harrison (Author), Councilmember Bartlett (Co-Sponsor)
Recommendation: 1. Adopt a Resolution, contingent upon voter approval of the Charter Amendment contained in Resolution No. 69,363-N.S., implementing the following core Police Accountability Board and Director of Police Accountability functions and policy changes by July 1, 2021: a. Establish and convene the Police Accountability Board with all investigatory, policy and other authorities, and; b. To assist in an orderly transition between the Police Review Commission and the Police Accountability Board established by this Article, Police Review Commission staff shall serve as interim Police Accountability Board staff until the City hires a Director of Police Accountability.
Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

33.-Resolution in Support of AB 310 to Convert The California Infrastructure Bank (IBank) to a Public Bank
Revised material (Supp 2)
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt A Resolution Is Support of AB 310 converting the California Infrastructure Bank (IBank) to a depository institution serving as a public bank for the State of California, its counties, municipalities and regional authorities.
Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

34.-Oppose AB 2167 & SB 292
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Approve a letter opposing AB 2167 (Daly & Cooley) Insurance Action Market Plan and SB 292 (Rubio & Jones) Wildfire Risk Modeling and Mitigation, and send to Assembly Members Tom Daly and Ken Cooley and Senators Susan Rubio and Brian Jones, with copies to Senator Nancy Skinner, Assemblymember Buffy Wicks, and Governor Gavin Newsom.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

35.-Support for SB 288: Sustainable Transportation COVID-19 Recovery Act
From: Councilmember Robinson (Author), Councilmember Bartlett (Co-Sponsor)
Recommendation: Send a letter to Senator Scott Wiener, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Senate Bill 288, which would exempt specified transportation projects from environmental review under CEQA, including bus rapid transit projects, pedestrian and bicycle facilities, and zero-emission charging stations
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

36.-Support for SB 902: Authorizing Cities to Rezone for Density
From: Councilmember Robinson (Author)
Recommendation: Send a letter to Senator Scott Wiener, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Senate Bill 902, which would authorize local governments to upzone urban infill sites and parcels in transit- or jobs-rich areas for up to 10 units of residential density.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

37.-Support for AB 2542: The California Racial Justice Act
From: Councilmember Robinson (Author) , Councilmember Bartlett (Co-Sponsor) , Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Ash Kalra, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 2542, which would prohibit the state from seeking or obtaining a criminal conviction, or from imposing a sentence, based on race, ethnicity, or national origin.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

38.-Support for AB 2345 (CA Density Bonus)
From: Councilmember Droste (Author)
Recommendation: That the Berkeley City Council send a letter supporting AB 2345, authored by Assemblymember Lorena Gonzalez and Assemblymember David Chiu which will help address California’s housing crisis by expanding the state density bonus for housing developers who commit to building additional affordable units.
Financial Implications: None
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180

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. 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.

39.-Amendment of Urgency Ordinance for Outdoor Commerce on Private Property
Supplemental material (Supp 1)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt amendments to the Urgency Ordinance (Number 7,725-N.S.) amending Berkeley’s Zoning Ordinance, Chapter 23E.18 and Section 23B.20.045, to allow additional categories of commerce and establish additional operating criteria for outdoor activities on private property.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

40.-General Plan Redesignation and Rezone of The Rose Garden Inn at 2740 Telegraph Avenue (APN 054-1716-002-00), 2744 Telegraph Avenue (APN 054-1716-003-00), and 2348 Ward Street (APN 054-1716-031-00)
Presentation
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt a Resolution amending the General Plan land use designations of portions of parcels that comprise The Rose Garden Inn from Low Medium Density Residential to Avenue Commercial;
2. Adopt first reading of an Ordinance amending the Zoning Map for the portion of parcels that comprise the Rose Garden Inn from Restricted Two-Family Residential District (R-2) to General Commercial District (C-1); and
3. Certify that the reclassification of General Plan land use designations and rezoning are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Classes 1, 3, 5, and 31.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

41.-Placing a Measure on the November 3, 2020 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76)
Supplemental material (Supp 1)
From: Rent Stabilization Board
Recommendation:
1. Adopt a Resolution placing the proposed amendments to the Rent Stabilization and Eviction for Good Cause Ordinance on the ballot of the November 3, 2020 General Municipal Election.
2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Matt Brown, Rent Stabilization Board, (510) 981-7368

43.-Urgency Ordinance: Updates to the COVID-19 Emergency Response Ordinance; Resolution: Request UC Berkeley Voluntarily Comply with Local Ordinances Restricting Evictions, Delaying Rent Payments, and Empowering Tenants to Terminate their Leases Without Penalty
From: Councilmember Davila (Author), Councilmember Bartlett (Co-Sponsor)
Recommendation:
1. Adopt an urgency ordinance amending Berkeley Municipal Code 13.110, Title 13, “The COVID-19 Emergency Response Ordinance,” to enhance emergency tenant protections consistent with recently adopted Alameda County laws, action in other jurisdictions, and consultation with community stakeholders.
2. Adopt a resolution requesting the University of California at Berkeley voluntarily comply with local eviction moratoriums, rent suspension ordinances, and ordinances empowering tenants to terminate their leases without penalty.
Financial Implications: See report
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

45.-Annual Housing Pipeline Report
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

46.-LPC NOD:  1120 Second Street/#LMSAP2019-0007
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

47.-LPC NOD:  1120 Second Street/#LMSAP2019-0008
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

48.-LPC NOD:  41 San Diego Road/#LMSAP2020-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400