City Council Regular Meeting eAgenda June 11, 2019
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, June 11, 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.
1. Recognition of Susan Hodge
2. Recognition of Hannah and Friends Bikeathon
3. Presentation: East Bay Municipal Utility District
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. |
Tax Exemption on Federal Research Grants |
2. |
Grant from the William and Flora Hewlett Foundation |
3. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 11, 2019 |
4. |
FY 2020 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping |
5. |
FY 2020 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax) |
6. |
FY 2020 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E) |
7. |
FY 2020 Tax Rate: Business License Tax on Large Non-Profits |
8. |
FY 2020 Tax Rate: Fund Disaster Fire Protection (Measure Q) |
9. |
FY 2020 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) |
10. |
FY 2020 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG) |
11. |
FY 2020 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I) |
12. |
FY 2020 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) |
13. |
FY 2020 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) |
14. |
FY 2020 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election) |
15. |
FY 2020 Special Tax Rate: Fund the Provision of Library Services |
16. |
Temporary Appropriations FY 2020 |
17. |
Contract: Bay Area Community Resources for the Placement of AmeriCorps Members |
18. |
Contract: Berkeley Unified School District for Workplace Skills Training for YouthWorks Employment Program |
19. |
Request for Proposals to Sell Single Family Home at 1654 Fifth Street to Operate as Homeless Housing |
20. |
Contract No. 9149B Amendment: Advantel Networks assignment to ConvergeOne and for Voice Over IP (VoIP) Telephone System Support and Maintenance |
21. |
Contract: NEXGEN Asset Management for Computerized Maintenance Management System & Enterprise Asset Management (CMMS/EAM) System |
22. |
Contract No. 10350 Amendment: Technology, Engineering, and Construction, Inc. for Tank Maintenance and Certification Services |
23. |
Contract: Gallagher & Burk, Inc. for Measure T1 Street Improvements Project |
24. |
Contract: GHD for Preparation of a Sanitary Sewer Master Plan |
25. |
Contract: Zonar Systems, Inc. for Global Positioning System Telematics Program |
26. |
Purchase Orders: National Auto Fleet Group for Ten Toyota Prius Prime Plus (PHEV) Sedans |
27. |
Amending the Commissioners’ Manual Regarding Submission of Revised or Supplemental Agenda Material |
28. |
Resolution: No U.S. intervention in Venezuela (Continued from May 14, 2019. Item contains revised material) |
29. |
Fire Prevention Inspections: Insufficient Resources Strain Code Compliance |
Council Consent items |
30. |
Support AB 1487 – Housing Alliance for the Bay Area |
31. |
Measure O Affordable Housing Bonds and a Request for Proposals from the City’s Housing Trust Fund (Reviewed by the Land Use, Housing & Economic Development Committee) |
32. |
Prioritizing Transit Improvements at MacArthur Maze |
33. |
Oppose AB 56 – Centralizing Energy Procurement |
34. |
Repealing and Reenacting BMC Chapter 13.104, Wage Theft Prevention |
35. |
Opposition to Revision of Title X Family Planning Regulations Proposed by United States Department of Health and Human Services |
36. |
Budget Referral: Funding for Berkeley Drop-In Center |
37. |
Budget Referral: Funding for Youth Spirit Artworks |
38. |
FY 2020-21 Budget Referral: Funding for Intercity Services |
39. |
Berkeley Opportunity Zone Displacement Mitigation Zoning Overlay |
40. |
Proclamation to Honor June as LGBTQ Pride Month and authorize City Manager to Fly the Rainbow Flag every year on the month of June |
41. |
Strike Debt Bay Area’s Medical Debt Relief Effort in Cooperation with RIP Medical Debt: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds |
42. |
Adopt a Resolution Opposing Anti-Abortion Bills Passed in 2019 |
43. |
Berkeley Art Center Artist Award Luncheon: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds |
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. |
44 |
FY 2020 Street Lighting Assessments |
Action Calendar
45a. |
Recommendations Related to Code Enforcement Actions and Leonard Powell Fact Finding |
45b. |
Recommendation to Bring Justice to Mr. Leonard Powell and to Change Certain Policies to Ensure Housing Stability for Homeowners and Tenants |
45c. |
Companion Report: Commission Recommendations Regarding Code Enforcement and Mr. Leonard Powell |
Action Calendar – Public Hearings
46. |
Zoning Ordinance Amendments that apply Inclusionary Housing Regulations to Contiguous Lots under Common Control or Ownership (Continued from April 30, 2019) |
Action Calendar
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47. |
Budget Referral: Remediation of Lawn Bowling, North Green and Santa Fe Right-of-Way, FY2020-2021 (Continued from May 14, 2019) |
48. |
City Council Comments on the FY 2020 & FY 2021 Proposed Biennial Budget |
49. |
City Council Recommendations on the FY 2020 and FY 2021 Proposed Biennial Budget (Continued from May 28, 2019) |
Information Reports |
50. |
Referral Response: Tenant Opportunity to Purchase Act (TOPA) Ordinance |
51. |
Animal Care Commission 2019 Work Plan |
52. |
FY 2019-20 Commission on the Status of Women Work Plan |
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.aspxand 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 May 30, 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 10: FY 2020 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
1.Disaster and Fire Safety Commission
Item 28: Resolution: No U.S. intervention in Venezuela
2. russbumper (3)
Item 39: Berkeley Opportunity Zone Displacement Mitigation Zoning Overlay
3. Margy Wilkinson, on behalf of Friends of Adeline
Item 50: Referral Response: Tenant Opportunity to Purchase Act (TOPA) Ordinance
4. Seema Rupani, on behalf of East Bay Community Law Center
Unsafe Intersection – University at Acton
5. Diana Maria Rossi
Traffic Circle at Fulton and Stuart
6. Pam Speich
Partnership with Dura Municipality Palestine
7. Ahmed A.H. Swaitti
Gotta Give Them Hope Event
8. John Bauters
Uncollected Garbage at 2110 Haste
9. Martin Alperen
Ban Waste Initiative
10. Sundaresh Begur
Safety Net Hospital
11. Fred Dodsworth
Mama Washington Event
12. Adriana Betti
BART Development
13. David Lerman
14. Marilyn Margulius
15. Judy Massarano
16. Meryl Siegal
17. Barbara Fisher
18. Berkeley Citizens Action Steering Committee
Living Trust Definition
19. Joann Sullivan
20. Julie Holcomb
Food Waste in Berkeley
21. Sophie Ciurlik Rittenbaum
East Bay Community Energy – Renewable Energy
22. Alan Gould
23. Jane Kelly
Citywide Siren System
24. Pam Speich
Berkeley Copwatch
25. russbumper
Full-Time City Council
26. Topher Brennan
Neighborhood Toxins
27. Janice Greenberg
Support of SB 276 – Vaccination Exemptions
28. Ty Alper, on behalf of Berkeley Unified School District Board of Education
People’s Park
29. Carol Denney
30. Michael Fullerton
31. russbumper
Panoramic Hill Rehabilitation
32. Heather Rudkin
Treatment at Sutter’s Alta Bates
33. Christine Cosgrove
Rosa Parks Elementary School Mock Trial
34. Ty Alper
Philadelphia Beverage Tax
35. Holly Scheider
5G Technology
36. Phoebe Anne Sorgen
West Campus Pool
37. Nancy Kalter-Dills
Homelessness
38. Jacquelyn McCormick
39. Donald Goldmacher
40. Matthew Williams
41. Pam Speich
42. russbumper
RVs at Berkeely Marina
43. Berkeley Citizens Action Steering Committee
Residential Preferential Parking (RPP) Program
44. Lynda Koolish
45. Aurora Arding
46. Vici Casana
Climate Disruption and Affordable Housing
47. Charlene M. Woodcock
Repaving of Roadways
48. David Lerman
Amazon Boycott
49. Raja Sutherland
Zero Carbon Retreat
50. Amanda Hutchins
A Healthy City for All
51. Suzanne H. Crowhurst Lennard
Restraint Devices
52. russbumper
Parking Enforcement Vehicles
53. Majorie Alvord
54. Teresa J. Paris
55. Colleen
56. Debi Clifford
57. Cynthia Papermaster
58. Shauna Haines
59. Sallie Hanna-Rhyne
60. Gael Alcock
61. Kelly Hammargren
62. Keith Johnson
63. Charlene M. Woodcock
64. Ravi Mikkelsen
65. Sarah Nelson
66. Wendy Bloom
67. Jane Scantlebury
68. Sydney Gillett
69. David Finley
70. Tom Kelly
71. Richard Walker
72. Mary Behm-Steinberg
73. Margo Schueler
74. Eleven form letters, submitted by Alicia Puzak, Wendy Alfsen, Sheila Goldmacher, Micky Duxbury, Julia Cato, Rachel Katz, Lori Hines, Ruth Morgan, Ned Himmel, Cecile Leneman, Donald Goldmacher
75. Three form letters, submitted by Kathy Labriola, Eric Svahn, Rick Lewis
76. Ten form letters, submitted by Leonard Pitt, Sandy Emerson, Vanessa Warheit, Linda Franklin, Jack Kurzweil, Fred Dodsworth, Helen Osborne, Janice Cecil, Margaret Norman, Liz Ozol
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.