City Council Regular Meeting eAgenda July 9, 2019
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 9, 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 Diane Woolley-Bauer, Former Berkeley 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.
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. |
FY 2020 Annual Appropriations Ordinance |
2. |
Contract No. 9691 Amendment: FileTrail, Inc. for Records Management Software System |
3. |
Purchase Order: Life Assist, Inc. for Emergency Medical Supplies |
4. |
Approve Waiver of the Nuclear Free Berkeley Act (NFBA) per BMC Section 12.90.070(A) to Enter into an Expenditure Contract with the University of California, Berkeley |
5. |
Contract: The Eikenberg Institute for Relationships for Cultural Humility Training Consultant, Specification Number 18-11230-C |
6. |
Grant Application: The PCA Grant Program for the Marina Blvd Bay Trail Shoreline Vulnerability Public Access Improvement Project |
7. |
Contract: Kitchell for Construction Management Services for the Berkeley Tuolumne Camp Project |
8. |
Contract No. 9488C Amendment for Berry Brothers Towing for Towing Services |
9. |
Gender Pay Equity Salary Negotiation Workshop |
Council Consent Items |
10. |
City Sponsored Protest of Conditions for Children in Federal Detention Centers |
11. |
Resolution in Support of AB 392 California Act to Save Lives |
12. |
Local Construction Workforce Development Policy (Reviewed by the Land Use, Housing & Economic Development Committee) |
13. |
Resolution in Support of SB 347 – Sugar-Sweetened Beverages Safety Warning Act |
14. |
Opposition to SB 386 (California Renewables Portfolio Standard Program: irrigation districts) |
15. |
Support for SB 14: Higher Education Facilities Bond |
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. |
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Action Calendar – Old Business
16. |
Mental Health Commission 2018 Annual Report (Continued from June 25, 2019) |
17a. |
Equal Pay Independent Audit of City Employees |
17b. |
Companion Report: Equal Pay Independent Audit of City Employees |
18a. |
Law Enforcement Use of Restraint Devices in the City of Berkeley |
18b. |
Companion Report: Law Enforcement Use of Restraint Devices in the City of Berkeley |
19a. |
Resolution Assigning Socially Responsible Investment and Procurement advisory role to the Peace and Justice Commission |
19b. |
Companion Report to Peace and Justice Commission’s Resolution Asking to be an Assigned Advisory Role in Consulting on Socially Responsible Investments and Procurement |
Council Action Items
20. |
Housing for a Diverse, Equitable and Creative Berkeley: Proposing a Framework for Berkeley’s Affordable Housing |
21. |
Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code Prohibiting Natural Gas Infrastructure in New Buildings (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) |
Information Reports |
22. |
2019 Disaster and Fire Safety Commission Work Plan |
23. |
Fair Campaign Practices Commission 2019 - 2020 Work Plan |
24. |
Open Government Commission 2019 - 2020 Work Plan |
25. |
Annual Report – Open Government Commission |
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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 June 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 #21: Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code Prohibiting Natural Gas Infrastructure in New Buildings
- John Gilman
- Matt Gough, on behalf of the Sierra Club (2)
- Tom Kelly
Pilot Cannabis Event at Cesar Chavez Park
- Claudia Kawczynska
5G
- Vivian Warkentin
- Phoebe Anne Sorgen (2)
- Stephanie Thomas
- Lloyd Morgan (2)
- Patricia Burke
- Soula Culver
- Doug Minkler
- Galen Cranz
- Margot Smith
- M. Meade Glaser
- Theresa
- Arnold Passman
- Sandra Decker
- Cynthia Larson
- Susan Nunes Fadley
- B. Dudney
Leonard Powell
- Patty Hirota
Artificial Intelligence
- Fred Dodsworth
- Cricket
Climate Emergency
- Kelly Hammargren
- Fred Dodsworth
- Margy Wilkinson
- Karl Knobler
- Tom Lent
- Donald Goldmacher
- James McFadden
Traffic Circle at 62nd and King
- Eric Perney
- Tracey Brieger
- Heather McWhinney
- Brian LaFranchi
- Emily Modde
- Hillary Winters
- Joe
- Sarah Jo Zaharako
- Joel
Berkeley Marina
- Erwan Illian (2)
Train Noise
- Edward Izett
Anti-Displacement Funding
- Christine Schwartz
McCaffrey Demand Letter
- Asher Waite-Jones, on behalf of the East Bay Community Law Center
Berkeley Food and Housing Project (BFHP)
- Terrie Light, on behalf of BFHP
RV’s
- Diana Bohn
- Fran Haselsteiner
Homelessness
- Genevieve Wilson
Yellow Pedestrian Crossing Light at Henry and Berryman
- Alexandra Ballard
Hotel Construction at University and Sacramento
- Jesse Goldberg (2)
- Roxana Andrade-Lizarzaburu of HHCS
- Jordan Klein, on behalf of the Office of Economic Development.
Correction of Errors in Resolution 68,941-N.S.
- Greenfire Law, PC
Drug Dealing and Encampments
- Eric Friedman
Affording a Rental Home
- Gerry Tierney
Eviction Defense Center Endorsement
- Steven Smith
- Floyd Toliver
- Shun Suzuki
Commission on Aging: Wildfire-Safety Related Power Outages
- George Porter, chair of Commission on Aging
Terrible Refuse Service
- Paula Bradford
Bankruptcy Court: Precision Technical Coatings
- Unknown
Bumper Dialogue
- Russbumper (21)
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.