AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, May 14, 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.
- Sue Hone, 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.
1.
|
Cannabis Ordinance Revisions; Amending the Berkeley Municipal Code
From: City Manager
Recommendation: Adopt second reading of Ordinance Nos. 7,645-N.S. and 7,647-N.S. amending the Berkeley Municipal Code (BMC) which would:
1. Clarify cannabis business operational standards and development standards, such as quotas and buffers, for all cannabis business types;
2. Revise ordinance language to reflect State regulations;
3. Create a path to allow a new business type (Retail Nursery Microbusinesses); and
4. Protect youth by restricting cannabis advertising within the city.
The ordinances would adopt BMC Chapter 12.21, amend Chapters 12.22 and 23C.25, and repeal Chapters 12.23, 12.25 and 12.27.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400
|
2.
|
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)
From: Councilmembers Harrison, Davila, and Bartlett
Recommendation: Adopt second reading of Ordinance No. 7,650-N.S., the Sanctuary Contracting Ordinance, adding Chapter 13.104 to the Berkeley Municipal Code. This ordinance prohibits the award of city contracts to vendors acting as U.S. Immigration and Customs Enforcement data brokers, or those providing extreme vetting services.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, 981-7140
|
3.
|
FlixBus Franchise Agreement for Long-Distance Bus Service
From: City Manager
Recommendation: Adopt second reading of Ordinance 7,651-N.S. granting a franchise agreement between FlixBus, Inc. and the City of Berkeley to provide long distance bus service to the public.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
|
4.
|
Amendment: FY 2019 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2019 Annual Appropriations Ordinance No. 7,634–N.S. for fiscal year 2019 based upon other adjustments in the amount of $22,245,702 (gross) and $19,746,430 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000
|
5.
|
Contract: Keenan Financial Services to Establish, Maintain and Invest for an IRS Section 115 Trust Fund
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Keenan Financial Services to establish a pension Section 115 trust that includes Keenan Financial Services providing trust administration, trustee/custodian, and investment advisory services for the Trust; and authorizing the City’s Plan Administrator to execute the legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to establish a Section 115 trust fund, establish the authority for the management of the Section 115 investments, develop investment policies for the Section 115 trust fund, and Select an initial model investment portfolio, from the choices provided.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, 981-7300
|
6.
|
Contract: Falck for Mental Health Ambulance Transport Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Falck Northern California Corp (Contractor) to provide mental health related ambulance transportation (from July 1, 2019 to June 30, 2021, in an amount up to $5,670,000, with an option to extend for two additional years, for a total contract amount not to exceed $11,340,000.
Financial Implications: See report
Contact: David Brannigan, Fire, 981-3473
|
7.
|
Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following five revenue agreements:
1. Public Health Infrastructure Program in the projected amount of $32,080 for FY 2020.
2. Foster Care Program in the projected amount of $93,187 for FY 2020.
3. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $178,778 for FY 2020.
4. School Linked Health Services Program (Measure A Funding) in the projected amount of $193,175 for FY 2020.
5. Tobacco Prevention Program in the projected amount of $76,290 for FY 2020.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400
|
8.
|
Revenue Grant Agreements: Funding Support from the State of California to Conduct Public Health Services
From: City Manager
Recommendation: Adopt seven Resolutions authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following eleven revenue agreements:
1. Child Health and Disability Prevention (CHDP) Program, which includes Early Periodic Screening, Diagnosis and Treatment (EPSDT) and Health Care Program for Children in Foster Care (HCPCFC), in the projected amount of $442,073 for FY 2020.
2. Maternal, Child and Adolescent Health (MCAH) Program, in the projected amount of $336,000 for FY 2020.
3. Tuberculosis Control Program in the projected amount of $14,000 for FY 2020.
4. Women, Infants and Children (WIC) in the projected amount of $525,547 each year for Federal Fiscal Years 2020 through 2022 for a total of $1,576,641.
5. Nutrition Education & Obesity Prevention (NEOP) Program, in the projected amount of $161,207 for Federal Fiscal Years 2020 through 2022 for a total amount of $483,621.
6. HIV/AIDS Surveillance in the projected amount of $29,088 for Fiscal Years 2020 through 2022 for a total of $87,264.
7. Sexually Transmitted Diseases (STD) Prevention and Control in the projected amount of $6,230 each year for FY 2020 through 2022 for a total of $18,692.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400
|
9.
|
Revenue Grant Agreements: Funding Support from Essential Access Health to Conduct Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to Essential Access Health, to accept the grant, execute any resultant revenue agreement and amendment, and implement the projects and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the Essential Access Health revenue agreement in the projected amount of $139,260 for April 1, 2019 to March 30, 2020.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400
|
10.
|
Purchase Order with Carahsoft Technology Corporation: Using General Services Administration (GSA) Schedule for hardware, software, and services related to the Data Center Infrastructure Upgrade and Disaster Recovery Implementation (Reviewed by Budget and Finance Committee)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with Carahsoft Technology Corporation for the purchase of server hardware, software, and related services for a data center upgrade and disaster recovery implementation, utilizing pricing established by the General Services Administration (GSA), for a total amount not to exceed $1,678,953 for the period May 15, 2019 to June 1, 2024.
Financial Implications: Various Funds - $1,678,953
Contact: Savita Chaudhary, Information Technology, 981-6500
|
11.
|
Contract No. 10934 Amendment: CBF Electric & Data for Wi-Fi Installation in City Facilities
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10934 with CBF Electric & Data (CBF) for Wi-Fi installation in City facilities, increasing the contract amount by $50,015 for a total not-to-exceed amount of $75,014 from July 2, 2018 to June 30, 2021.
Financial Implications: IT Cost Allocation Fund - $50,015
Contact: Savita Chaudhary, Information Technology, 981-6500
|
12.
|
Contract No. 9263B Amendment: SSP Data Products Inc. for Barracuda Backup Solution with Hosted Cloud Storage
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9263B with SSP Data Products Inc. for the City's Barracuda Backup Solution with hosted cloud storage, increasing the amount by $54,520, for a total contract amount not to exceed $300,692 for the term May 15, 2013 through June 30, 2020.
Financial Implications: Cost Allocation Fund - $54,520
Contact: Savita Chaudhary, Information Technology, 981-6500
|
13.
|
Contract No. 11012 Amendment: Granicus, Inc. for Video Streaming Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 11012 with Granicus, Inc., to continue providing live video streaming, on-demand archival video, podcasting, and web page subscription services, increasing the contract amount by $156,966 for a total not-to-exceed amount of $207,646 from July 1, 2017 to June 30, 2022.
Financial Implications: Various Funds - $156,966
Contact: Savita Chaudhary, Information Technology, 981-6500
|
14.
|
Contract No. 10734 Amendment: Towerstream, Inc. for Secondary Internet for Redundancy and Load Balancing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with Towerstream, Inc. for redundant secondary internet services, increasing the contract amount by $133,128 for a total not-to-exceed amount of $172,000 from October 3, 2017 to June 30, 2022.
Financial Implications: Cost Allocation Fund - $133,128
Contact: Savita Chaudhary, Information Technology, 981-6500
|
15.
|
Contract: Revolution Foods for Summer Food Service Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a one (1) year contract and any amendments with Revolution Foods to provide lunches and afternoon snacks to Berkeley youth for the City’s Summer Food Service Program for a total amount not to exceed $90,000, for the period of June 1, 2019 through May 31, 2020, with options to execute up to four (4) additional one-year extensions not to exceed $90,000 each year, contingent upon the availability of State funding, for a total contract amount not to exceed $450,000.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
|
16.
|
Contract: Suarez & Munoz Construction, Inc. for Harrison Park – Gabe Catalfo Fields Renovation
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Harrison Park – Gabe Catalfo Fields Renovation Project, Specification No. 19-11285-C; and 2. Accepting the bid of the lowest responsive and responsible bidder, Suarez & Munoz Construction, Inc.; and 3. 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, with Suarez & Munoz Construction, Inc., for the Harrison Park – Gabe Catalfo Fields Renovation project at 1100 Fourth Street, Berkeley, CA 94710, in an amount not to exceed $531,300, which includes a contract amount of $483,000 and a 10% contingency in the amount of $48,300.
Financial Implications: Various Funds - $531,300
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
|
17.
|
Waiver of Annual Marina Berth Fees for Non-Profits
From: City Manager
Recommendation: Adopt a Resolution: 1. Affirming the determination by City staff and the Parks and Waterfront Commission that three non-profit organizations at the Berkeley Marina (Berkeley Racing Canoe Club, Cal Sailing Club, and The Pegasus Project) are in full compliance with all aspects of Resolution No. 66,544-N.S.; and 2. Approving the annual waiver of berth fees for the three groups for 2019.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
|
18.
|
Contract: Cratus, Inc. for FY2018 Measure M Low Impact Development (LID) Woolsey Street Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for FY2018 Measure M Low Impact Development (LID) Woolsey Street Project, Specification No. 18-11183-C (Re-Issued); accepting the bid of Cratus, 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 $2,908,377.
Financial Implications: Measure M Streets & Watershed GO Bond Fund -$2,908,377
Contact: Phillip Harrington, Public Works, 981-6300
|
20.
|
Declaration of Intent - FY 2020 Street Lighting Assessments
From: City Manager
Recommendation: Adopt two Resolutions granting the City Manager the authority to approve the Engineer’s Reports; set a public hearing to be held before the Council of the City of Berkeley at its June 11, 2019 meeting; and authorize the City Clerk to publish Notice of the Public Hearing for FY 2020 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
|
21.
|
Contracts: On-Call Construction and Project Management Services: Ghirardelli Associates, Inc., Park Engineering, Inc., and Quincy Engineering, Inc.
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call construction and project management services for capital improvement projects, each for a period of July 1, 2019 through June 30, 2022:
1. Ghirardelli Associates, Inc. for an amount not to exceed $1,000,000.
2. Park Engineering, Inc. for an amount not to exceed $1,000,000.
3. Quincy Engineering, Inc. for an amount not to exceed $1,000,000.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
|
22.
|
Amendment to Grant Funding Agreement for Gilman Railroad Pedestrian Crossing Safety Project, Specification No. 18-11244-C
From: City Manager
Recommendation: Adopt a Resolution accepting an amendment to the grant funding agreement between the City and the California Department of Transportation, Service Contract No. 75LX291, for the Gilman Railroad Pedestrian Crossing Safety Project to increase the amount from $310,500 to $473,000 and revise the expiration date from December 19, 2019 to December 31, 2020 and authorizing the City Manager to execute said amendment and any other associated necessary agreement.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
|
23.
|
Contract: ERA Construction Inc. for Gilman Railroad Pedestrian Crossing Safety Project, Specification No. 18-11244-C
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Gilman Railroad Pedestrian Crossing Safety Project (“Project”), Specification No. 18-11244-C; 2. Accepting the bid of the lowest responsible bidder, ERA Construction Inc.; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or change orders with ERA Construction Inc. until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $377,764.
Financial Implications: Various Funds - $377,764
Contact: Phillip Harrington, Public Works, 981-6300
|
24.
|
Purchase Order: National Auto Fleet Group for Eleven Ford Police Interceptor Utility
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase order for eleven model year 2020 Ford Police Interceptor Utility with National Auto Fleet Group in an amount not to exceed $770,000.
Financial Implications: Equipment Replacement Fund - $770,000
Contact: Phillip Harrington, Public Works, 981-6300
|
25.
|
Board of Library Trustees Reappointment: Diane Davenport
From: Board of Library Trustees
Recommendation: Adopt a Resolution Approving the Reappointment of Diane Davenport to the Board of Library Trustees (“BOLT”) for a second term of four years commencing May 16, 2019.
Financial Implications: None
Contact: Elliot Warren, Commission Secretary, 981-6100
|
27.
|
Recommendation to Install an Outdoor Public Warning System (Sirens) and Incorporate It Into a Holistic Emergency Alerting Plan
From: Disaster and Fire Safety Commission
Recommendation: We recommend that City of Berkeley immediately begin the process to purchase, install, and maintain an outdoor public warning system (sirens) as a supplement to other alert and warning technologies within our boundaries and coordinated with abutting jurisdictions and Alameda County.
This installation should be accompanied by the following: - ongoing outreach and education so that the public will understand the meaning of the sirens and what to do when they hear a siren; - development of a holistic alert protocol, incorporating sirens as an additional option among the available suite of alerting methods; - staff training and drills on alerting procedures; - development of a testing and maintenance plan that will ensure the system is fully operational while avoiding unnecessary or excessive noise pollution in the City; - outreach to deaf and hard of hearing residents to encourage them to opt-in for alerting that meets their communication needs. This may include distributing weather radios or other in-home devices with accessibility options for people with disabilities.
This recommendation does not specify the number, type, or location of sirens; City staff should determine the most cost-effective system that achieves the goals described in this recommendation. This may include either mobile or fixed-location sirens.
Financial Implications: See report
Contact: Keith May, Commission Secretary, 981-3473
|
28.
|
911 Dispatchers: Understaffing Leads to Excessive Overtime and Low Morale
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by November 19, 2019, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Police Department.
Financial Implications: See report
Contact: Jenny Wong, Auditor, 981-6750
|
29.
|
Support AB 539 – the Fair Access to Credit Act
From: Mayor Arreguin, and Councilmembers Hahn and Bartlett
Recommendation: Adopt a Resolution in support of AB 539, the Fair Access to Credit Act, authored by Monique Limón. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Monique Limón.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, 981-7100
|
31.
|
BOSS Rising Stars Gala Event: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmembers Davila and Bartlett
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $100 from Councilmember Cheryl Davila, to support the Rising Stars Youth Leadership Gala Event (BOSS) May 31, 2019, 6-8PM, 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.
Financial Implications: Councilmember's Discretionary Funds - $100
Contact: Cheryl Davila, Councilmember, District 2, 981-7120
|
33.
|
Resolution in Support of Charter Reform Assembly Bills
From: Councilmembers Harrison and Bartlett
Recommendation: Adopt a resolution in support of Assembly Bills 1505, 1506, and 1507, which regulate charter schools and give public school boards more authority to resist privatization of schools. Send letters of support to Assemblymember Wicks, Senator Skinner, and Governor Newsom.
Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, 981-7140
|
34.
|
Rebuilding Together Budget Referral
From: Councilmembers Harrison and Wengraf, and Mayor Arreguin
Recommendation: Refer to the budget process a two-year allocation to fund Rebuilding Together East Bay-North from the General Fund according to the Housing Advisory Commission recommendations, with an evaluation after the first 18 months to determine whether the organization’s fiscal reporting would be in compliance with CDBG reporting requirements were the organization to apply again.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, 981-7140
|
35.
|
Acton and University Traffic Light Budget Referral
From: Councilmember Harrison
Recommendation: Refer to the budget process a one-time allocation for an overhanging street light at Acton and University
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, 981-7140
|
36.
|
Sponsoring the 2019 Himalayan Fair
From: Councilmembers Hahn, Harrison, and Davila
Recommendation: Adopt a resolution approving the co-sponsorship by the City of Berkeley of the 2019 Himalayan Fair to be held at Live Oak Park on Saturday, May 18th and Sunday, May 19th, and approving the expenditure of an amount not to exceed $300 per councilmember, including $300 from Councilmember Hahn, to The Himalayan Fair for administrative fees, event production and advertising, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmember Hahn, and any other Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, 981-7150
|
38.
|
Letter in Support of AB 38
Revised (Supp 1)
From: Councilmember Wengraf
Recommendation: Send a letter of support for AB 38 Fire Safety: State Wildfire Preparedness Board: Fire Hardened Homes Revolving Loan Fund (Wood) to Assembly member Wood, with copies to Senator Skinner, Assemblywoman Wicks and Governor Newsom.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
|
39.
|
Referral to the Budget Process: Increased Funding for Neighborhood Traffic Calming
From: Councilmembers Wengraf, Harrison, and Droste
Recommendation: Refer to the Fiscal Year 2020/2021 Budget Process an increase in allocation for neighborhood traffic calming from the current 50 thousand dollars to 150 thousand dollars.
Financial Implications: $100,000
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
|
41.
|
Budget Referral: Missing Middle Housing Report
From: Councilmembers Droste, Bartlett, Kesarwani, and Robinson
Recommendation: Refer to the budget process $125,000 for consultant costs to complete the Missing Middle Housing Report, which was passed by City Council on April 23, 2019.
Financial Implications: $125,000
Contact: Lori Droste, Councilmember, District 6, 981-7180
|
Action Calendar
|
|
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
|
|
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.
|
42.
|
Published Charges: Mental Health Clinical Services
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution establishing Published Charges for Mental Health Clinical Services for FY 2019. Published Charges are effective July 1, 2018.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400
|
43.
|
Fees: Public Health Clinic Services
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing a new fee schedule for Public Health Clinic services effective, July 1, 2019, and rescinding Resolution No. 68,449-N.S.
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400
|
44.
|
Ambulance User Fee Adjustment
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adjusting the Ambulance User Fee to match Alameda County’s approved ambulance user fee schedule made effective September 1, 2018, for the Cities of Alameda, Albany, Berkeley, and Piedmont. The increase would be included as an updated addendum to the Ambulance Provider Agreement, rescinding Resolution 67,979–N.S.
Financial Implications: See report
Contact: David Brannigan, Fire, 981-3473
|
45.
|
Selected Camp Program Fee Increases
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select camp programs and rescinding Resolution No. 68,450-N.S. and all amendatory resolutions.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
|
46.
|
Selected Marina Fee Increases
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select Marina fees; and rescinding Resolution No. 68,451-N.S. and all amendatory resolutions.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
|
47.
|
Land Use Planning Permit Fee Amendments
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Resolution No. 67,985-N.S. to amend the fee schedule for Land Use Planning Fees to establish a new fee for land use applications that request streamlined approval, pursuant to Senate Bill 35 (approved by Governor in 2017).
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400
|
49.
|
One-Way Car Share – Transition from Pilot to Baseline Program
Presentation
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt a Resolution approving an ongoing One-Way Car Share program for the City of Berkeley, with an increase to administration fees that are commensurate with City administrative cost increases, and
2. Adopt the first reading of an Ordinance pursuant to Berkeley Municipal Code Chapter 14.62, deleting language that refers to the program as a limited-term “pilot” and amending language on the number of vehicle parking permits for which a one-way car share organization may apply.
Financial Implications: The program pricing structure results in cost-neutrality.
Contact: Phillip Harrington, Public Works, 981-6300
|
50.
|
Residential Preferential Parking (RPP) Program Reform & Expansion Phase II: Recommendations for Increased Staffing, Enhanced Football Game Day Enforcement, and Expansion
Presentation
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 14.72 to allow Residential Preferential Parking (RPP) in areas zoned Mixed Use-Light Industrial;
2. Adopt a Resolution to expand and enhance the RPP Program, raising permit fees for cost neutrality while increasing parking enforcement staff and equipment to augment RPP enforcement, improving UC Berkeley home football game parking enforcement, allowing more residents to opt-in, and rescinding Resolution 68,344-N.S.;
3. Adopt a Resolution modifying parking restrictions in specified RPP Zones on UC Berkeley home football game days as follows: establish “Enhanced Fine Areas” to prohibit parking without a valid RPP permit in portions of RPP Zones B, D, F, G, and I; and install new RPP signs in zones B, D, F, G, and I to clearly indicate UC Berkeley home football game day parking prohibitions; and
4. Adopt a Resolution establishing a new Parking Fine Schedule, including parking fines of $225 per violation of BMC 14.40.090 in new Enhanced Fine Areas on posted UC football game days, and rescinding Resolution No. 68,466-N.S.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300
|
51.
|
ZAB Appeal: 1444 Fifth Street, Administrative Use Permit #ZP2018-0172
Administration Record, Att 3-4, Part 1
Administration Record, Att 3-4, Part 2
Administration Record, Att 3-4, Part 3
From: City Manager
Recommendation: Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Administrative Use Permit #ZP2018-0172 to construct four detached, three-story, approximately 1,900 square-foot, single-family dwellings, each with an average height of 33 feet, on a 5,744 square-foot vacant lot in the MU-R District, and dismiss the appeal.
Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400
|
Action Calendar - New Business
|
52a.
|
Recommendations for a Fossil Fuel Free Berkeley
From: Energy Commission
Recommendation: The Berkeley Energy Commission recommends the City Council refer to the City Manager to implement the recommendations listed below as well as additional measures outlined in the attached report to aggressively reduce greenhouse gas (GHG) emissions in the city and the region.
Financial Implications: Unknown
Contact: Billi Romain, Commission Secretary, 981-7400
|
52b.
|
Companion Report: Recommendations for a Fossil Fuel Free Berkeley
From: City Manager
Recommendation: Refer to the City Manager to continue to implement existing policies and programs that are consistent with the recommendations in the Berkeley Energy Commission’s Fossil Fuel Free Berkeley Report, such as the Building Energy Saving Ordinance and development of new building codes that promote building electrification, and also to complete new evaluations and analyses of current and potential future greenhouse gas reduction programs and policies in order to inform next steps for accelerating progress to a Fossil Fuel Free Berkeley.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400
|
53a.
|
Grant Allocation: Approve Funding Recommendation for Programs to Reduce Consumption of Sugar-Sweetened Beverages (SSBs)
From: Sugar Sweetened Beverage Product Panel of Experts
Recommendation: Approve the SSBPPE Commission’s recommendations and adopt thirteen (13) Resolutions authorizing the City Manager or her designee to enter into contracts with the Berkeley Unified School District and the Community Based Organizations (CBOs) listed below to distribute a total of $3,800,000 for FY 2020 and FY 2021 according to the schedule below and to also provide $950,000 to the City of Berkeley Public Health Division (BPHD) during the same period to support administering and enhancing this program as approved by the Berkeley City Council as follows:
1. $1,900,000 total grant to Berkeley Unified School District to implement the Gardening and Cooking Program for FY 2020 and FY 2021 to be disbursed as follows--$950,000 for FY 2020 and $950,000 for FY 2021.
2. $285,000 total grant to the Ecology Center to implement For Thirst, Water First! program for FY 2020 and FY 2021 to be disbursed as follows--$142,500 in FY 2020 and $142,500 in FY 2021.
3. $590,000 grant to Healthy Black Families to implement Thirsty for Change! (T4C) program for FY 2020 and FY 2021 to be disbursed as follows--$295,000 in FY 2020 and $295,000 in FY 2021.
4. $30,000 grant to the Multicultural Institute to implement the Life Skills/Day Laborer Program: Health Activity program for FY 2020 and FY 2021 to be disbursed as follows: $15,000 in FY 2020 and $15,000 in FY 2021.
5. $140,000 grant to the YMCA of the East Bay to implement the YMCA Diabetes Prevention (YDPP) program for FY 2020 and FY 2021 to be disbursed as follows: $70,000 in FY 2020 and $70,000 in FY 2021.
6. $170,000 grant to the YMCA of the East Bay to implement the YMCA Healthy Me! program for FY 2020 and FY 2021 to be disbursed as follows: $85,000 in FY 2020 and $85,000 in FY 2021.
7. $270,000 grant to Lifelong Medical Care to implement the Chronic Disease and Oral Health Prevention Project for FY 2020 and FY 2021 to be disbursed as follows: $135,000 in FY 2020, and $135,000 in FY 2021.
8. $80,000 grant to Spiral Garden to implement the Spiral Gardens Community Food Security Project for FY 2020 and FY 2021 to be disbursed as follows: $40,000 in FY 2020, and $40,000 in FY 2021.
9. $32,792 grant to Fresh Approach to implement the Veggie Rx Program for Healthy Foods and Beverages program for FY 2020 and FY 2021 to be disbursed as follows: $16,396 in FY 2020, and $16,396 in FY 2021.
10. $135,880 grant to Bay Area Community Resources to implement the Healthy Options at Point of Sale program for FY 2020 and FY 2021 to be disbursed as follows: $67,940 in FY 2020, and $67,940 in FY 2021.
11. $69,328 grant to Community Health Education Institute to implement the Artists Against Soda program for FY 2020 and FY 2021 to be disbursed as follows: $34,664 in FY 2020, and $34,664 in FY 2021.
12. $97,000 grant to Berkeley Youth Alternatives to implement the Urban Agriculture and Team Nutrition Program for FY 2020 and FY 2021 to be disbursed as follows: $48,500 in FY 2020 and $48,500 in FY2021.
13. $950,000 to the City of Berkeley Public Health Division (BPHD) to support the SSBPPE Commission and assist with outside evaluations to be disbursed as follows: $475,000 in FY 2020 and $475,000 in FY 2021 with 10% of those funds in both years designated for a media campaign.
14. The Commission recommends that indirect or administrative expenses not exceed 15% of the program budget and that these funds not be used to supplant any other source of funding.
15. The Commission recommends that City Council authorize the City Manager to authorize advances for BUSD and the selected community agencies receiving funds in FY 2020 and FY2021. The advances are to be equivalent to 25% of the agency’s allocation.
Financial Implications: See report
Contact: Dechen Tsering, Commission Secretary, 981-5300
|
53b.
|
Companion Report: Grant Allocation: Approve Funding Recommendation for Programs to Reduce Consumption of Sugar-Sweetened Beverages (SSBs)
From: City Manager
Recommendation: Adopt the Sugar Sweetened Beverage Product Panel of Experts’ (SSBPPE) funding recommendations and twelve (12) resolutions authorizing the City Manager to enter in contracts with the Berkeley Unified School District and the Community Based Organizations for FY2020 and FY2021 with the following caveats: 1) remove the City of Berkeley as a grantee and remove the resolution that is included as Resolution #12 in the SSBPPE Commission’s Council report relating to the Public Health division, 2) adopt Resolution #13 in the SSBPPE Commission’s Council report and amend the amount to be distributed as $4.474 million, as was passed by Council on January 22, 2019, and 3) reduce all grantees’ and the Public Health division allocations equally to reach the adopted figure (about 5%).
Financial Implications: See report
Contact: Kelly Wallace, Housing and Community Services, 981-5400
|
54.
|
Authorizing Additional Inclement Weather Shelter at Old City Hall from April 15, 2019-June 30, 2019
From: Councilmembers Davila, Harrison, and Hahn
Recommendation:
1. Authorize the City Manager to maintain open an as-needed inclement weather shelter from April 15, 2019 - June 30, 2019, to provide safe, indoor locations for our unhoused community during inclement weather, including changing the cold temperature to below 45 degrees, rain, and add extreme heat and atmospheric pollution such as smoke.
2. Approving the allocation of $60,000 in funding for this inclement weather shelter with funds from the budget appropriations for an expanded Emergency Shelter program or by State Homeless Emergency Aid Program (HEAP) funding.
3. Authorizing the City Manager to amend Contract No. 10577B with Dorothy Day House for the current operation of the as-needed inclement weather shelter, that will include this extension through June 30, 2019, and possible program expansion in order to increase number of unhoused people served.
Financial Implications: See report
Contact: Cheryl Davila, Councilmember, District 2, 981-7120
|
55.
|
Budget Referral: Remediation of Lawn Bowling, North Green and Santa Fe Right-of-Way, FY2020-2021
From: Councilmember Davila
Recommendation: Refer to the FY20 (2020/2021) RRV Budget Process for consideration of at least $150,000 and up to remediate the Lawn Bowlers, North Green and Santa Fe Right-of-Way in advance of Request for Proposal (RFP) for these areas that potentially could provide much needed affordable alternative housing.
Refer to the Homeless Services Panel of Experts to consider Measure P funds for remediation purposes for these properties.
Financial Implications: See report
Contact: Cheryl Davila, Councilmember, District 2, 981-7120
|
Action Calendar – Old Business
|
56.
|
Contract: Berkeley Marina Area Specific Plan (BMASP) – Hargreaves Associates (Continued from April 30, 2019)
Presentation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Hargreaves Associates to produce the Berkeley Marina Area Specific Plan (BMASP) in an amount not to exceed $1,101,000.
Financial Implications: Marina Fund - $1,101,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700
|
57.
|
Resolution: No U.S. intervention in Venezuela (Continued from April 30, 2019)
Revised material (Supp 3)
From: Peace and Justice Commission
Recommendation: Adopt a resolution that affirms the sovereign right of the Venezuelan people to negotiate their political differences free from foreign intervention, and urges that the U.S. government withdraw its illegal, unilateral financial sanctions and refrain from military, economic, or diplomatic intervention in the internal affairs of the sovereign state of Venezuela.
Financial Implications: None
Contact: Bre Slimick, Commission Secretary, 981-7000
|
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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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 2, 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
- Debby Goldsberry
- Julia Varshavsky
Item #34: Rebuilding Together Budget Referral
- Janice Greenberg
- Nick
- Susan Payne
- Linda Novick
- Ann Moghaddas
Item #51: ZAB Appeal: 1444 Fifth Street, Administrative Use Permit #ZP2018-0172
- Jennifer Hernandez & Genna Yarkin, Holland & Knight Attorneys
- Greenfire Law, on behalf of the Oceanview Neighborhood Council’s Appeal
Encampments
- Parisa Jorjani
- Richard at Coastodian.org (4)
- Diana Bohn (2)
- Marcia Poole
- Margy Wilkinson
2245 Fifth Street & 2231 Fourth Street
- Matt Taecker, Taecker Planning & Design
Small Businesses in West Berkeley
- Matt Taecker, Taecker Planning & Design
Public Employees Union, Local One
- Nicole Marti, on behalf of Local One
Dirty Needles at Point Reyes National Seashore
- Richard at Coastodian.org
SB 50
- Avram Gur Arye
Climate Change
- Jane Kelly
Disruptive Council Meetings
- Margy Wilkinson
Potholes
- Dan
Bay Area Police Oversight Forum
- Katherine Lee, Police Review Commission Officer
RV Dwellers
- Richard Hartnell
- Eric Friedman
Auto/Pedestrian Safety
- David Lerman
LED Ceramic Street Lights
- Sansi Tech
First Responders Training
- Bob Flasher
People’s Park Poem
- Hali Hammer
West Campus Pool
- Linda Worthman
- Donna Micklesson
East Bay Community Energy Innovation Grant
- East Bay Community Energy
Rent Board Commissioners
- Jack Kurzweil
Bus Line Failure
- Avram Gury Arye
Age-Friendly Action Plan
- Linda Kincaid
- Mary Behm-Steinberg
Measure O
- Pam Speich
- Geoffrey Lomax
- Nick
1155-1173 Hearst Avenue
- Wayne Cory
- Yashu Jiang
Codornices Creek – Fire Foam
- Susan Schwartz, on behalf of Friends of Five Creeks
Fire Safe Fiscal Sponsor
- Bob Flasher
PY2019 Annual Action Plan Allocation of Federal Funds
- Kaameelah Wesley
Sanctuary Contracting Ordinance
- Eli Conley
Shortage of Affordable Quality Office Space
- David Lerman
Evicting Undocumented Immigrants from Subsidized Housing
- Gary Hicks
Dangerous Crosswalk at Camilia and 6th Street
- Cecelia Mautner
Crime, Real Estate, Politics and Media
- Terry Akins
Upcoming Meeting with HTT Steering Committee
- Darinxoso Oyamasela
Berkeley Way Project Concerns
- Parisa Jorjani
Bayside Unit 535-301
- Pil Orbison
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.