City Council Regular Meeting eAgenda October 15, 2019
REVISED AGENDA
(REVISED TO ADD TELECONFERENCE LOCATION)
BERKELEY CITY COUNCIL MEETING
Tuesday, October 15, 2019
6:00 P.M.
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
TELECONFERENCE LOCATION – 2911 LORINA STREET, BERKELEY, CA 94705
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 Michael Diehl, Former City Commissioner and Local Activist
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 |
|
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 |
Urgency Item: Resolution Ratifying and Terminating the Proclamation of Emergency by the Director of Emergency Services Due to PG&E Public Safety Power Shutoff
From: City Manager
Recommendation: Adopt a Resolution Ratifying and Termination the Proclamation of Emergency by the Director of Emergency Services due to the PG&E Public Safety Power Shutoff on October 9, 2019
1. |
Grant from The Center at Sierra Health Foundation |
2. |
Annual Commission Attendance and Meeting Frequency Report |
3. |
Contract: Stryker for Purchase of Three Gurneys for the Fire Department Ambulances |
4. |
Assembly Bill 626 – Microenterprise Home Kitchen Operations |
5. |
Contract No. 7258F Amendment: Verint Systems Inc. for Customer Relationship Management (CRM) Software Maintenance |
6. |
Contract: (D.L. Falk Construction) for Central Library Improvements Project |
7. |
Contract: Redwood Engineering Construction for James Kenney Park, Picnic, and Play Area Renovation |
8. |
Contract: J.A. Gonsalves & Son Construction, Inc. for Bay Trail Extension to Berkeley Marina - Segment Three |
9. |
Grant Application: The Air District Vehicle Trip Reduction Grant Program – the Berkeley Marina Bicycle Electronic Locker Project |
10. |
Mills Act Contract – 2524 Dwight Way |
11. |
Mills Act Contract – 1730 Spruce Street |
12. |
Mills Act Contract – 2526 Hawthorne Terrace |
13. |
Contracts: On-Call Construction and Project Management Services: Kitchell/CEM, Inc. and Cooper Pugeda Management, Inc. |
14. |
Renewal of the Elmwood Avenue BID for Calendar Year 2020 |
15. |
Renewal of the Solano Avenue BID for Calendar Year 2020 |
16. |
Resolution: Protect from deportation beneficiaries of DACA, TPS, and DED |
Council Consent Items |
17. |
Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds |
18. |
Grant Referral for Capoeira Arts Foundation |
19. |
Health Impact Assessment Outreach Coordinator |
20. |
Excused Absence for Mayor Jesse Arreguin and Councilmember Rigel Robinson |
21. |
Referral to City Manager to Authorize Additional Inclement Weather Shelter at Old City Hall from October 15, 2019 - April 30, 2020 |
22. |
National Association for the Advancement of Colored People (NAACP) Berkeley, Albany and Emeryville (B.A.E) Youth Council Fundraiser to send 15 youth members to the 111th Annual NAACP Youth Convention in Boston, Massachusetts in June 2020: Relinquishment of Council Office Budget Fund to the General Fund & Grant of Such Funds |
23. |
Relinquishment of Council Office Budget Fund to the General Fund and Grant of Such Funds for Savo Island Cooperative Homes’ 40th Anniversary Celebration |
24. |
Adopt an Ordinance Amending Berkeley Municipal Code Chapter 2.99 to Prohibit City Use of Face Recognition Technology (Reviewed by the Public Safety Committee) |
25. |
Resolution in Support of the 2019 United Auto Workers General Motors Strike |
26. |
Berkeley City Club Conservancy Relinquishment of Council Office Budget |
27. |
Declaring Wildfire Prevention and Safety a Top Priority in the City of Berkeley |
28. |
Budget Referral: RFP for a Freestanding Public Restroom Facility (Continued from September 24, 2019) |
29. |
Referral: Telegraph Shared Streets |
30. |
Ban Racial, Ethnic, Cultural, and Religious Discrimination on the Basis of Hairstyle or Headwear (Reviewed by the Health, Life Enrichment, Equity & Community Committee) |
31. |
Adopt Resolution to Support Seamless Transit Principles |
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 – Old Business |
32. |
Authorization to Execute a Revised Programmatic Agreement with the California State Historic Preservation Officer (SHPO) (Continued from September 10, 2019) |
33. |
IKE Smart City Kiosk Locations, Phase One (Continued from September 24, 2019) |
34. |
Referral Response: Modifications to the Zoning Ordinance to Support Small Businesses (Continued from September 24, 2019) |
35. |
Deaccession of Berkeley Big People (Continued from September 24, 2019) |
36. |
Referral Response: Issue a Request for Information to Explore Grant Writing Services from Specialized Municipal Grant-Writing Firms, and Report Back to Council (Continued from September 24, 2019) |
37. |
Pathways STAIR Center: First Year Data Evaluation and Results-Based Accountability Dashboard (Continued from September 24, 2019) |
38. |
Referral Response: Lava Mae Mobile Shower and Hygiene Services (Continued from September 24, 2019) |
39. |
Settlement Authority of City Manager for Workers’ Compensation Claims |
40. |
Repealing and Reenacting BMC Chapter 13.104, Wage Theft Prevention (Continued from September 24, 2019) |
41. |
Referral: Develop a Bicycle Lane and Pedestrian Street Improvements Policy (Continued from September 24, 2019) |
Information Reports |
42. |
FY 2019 Third Quarter Investment Report: Ended March 31, 2019 |
43. |
Audit Update: Construction Permits: Monitor Performance and Fee Assessments to Ensure Excellent and Equitable Customer Service |
44. |
Adoption of Homeless Commission’s Fiscal Year 2020 Workplan |
|
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.
Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
and may be read at reference desks at the following locations:
City Clerk Department |
Libraries: |
2180 Milvia Street |
Main - 2090 Kittredge Street |
Tel: 510-981-6900 |
Claremont Branch – 2940 Benvenue |
TDD: 510-981-6903 |
West Branch – 1125 University |
Fax: 510-981-6901 |
North Branch – 1170 The Alameda |
Email: clerk@cityofberkeley.info |
South Branch – 1901 Russell |
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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 October 3, 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 #16: Resolution: Protect from deportation beneficiaries of DACA, TPS and DED
- NorCal TPS Coalition
Item #20: Excused Absence for Mayor Jesse Arreguin and Councilmember Rigel Robinson
- Jessica Behrman
Item #24: Adopt an Ordinance Amending Berkeley Municipal Code Chapter 2.99 to Prohibit City Use of Face Recognition Technology
- 34 form letters in support of
- Edward Piou
- Shauna Haines
Traffic Circle Policy and Program Recommendations
- Karen Gillard
5G
- Vivian Warkentin (2)
- Gar Smith (2)
- Councilmember Wengraf
- Ellie Marks
- Cindy Rahav
- Phoebe Sorgen (3)
- Sandy Nixon
Encampments/Homelessness
- Jingjing Dai
- Margy Wilkinson (3)
- Bryan Bowman
- Diana
- Erwan Illian
City of Berkeley Sewer Service Fee
- Barbara Gilbert
- Pam Speich
Housing
- East Bay Democratic Socialists of America
- Samuel Kohn, on behalf of the Human Welfare Community Action Commission
Electrification Generates Huge Amounts of Greenhouse Gas
- David Lerman (2)
Berkeley Ranks 289 out of 300, Near the Bottom as a Safest City
- Steven Donaldson
- Barbara Gilbert
BPD Automated License Plate Readers
- George Perezvelez, on behalf of the Police Review Commission
City of Berkeley Marina
- Erwan Illian
Toxicity and Environmental Remediation in West Berkeley
- Terry Taplin
Endless Construction Ruining Our Streets
- Barbara Gilbert
Motorized Scooters and Skateboards
- Summer Brenner
- Sally Nelson
West Campus Pool
- Helga Recke
War on Triangle Park
- Carol Denney
- Martin Nicolaus
Vaping
- Sabrina Fendrick, on behalf of Berkeley Patients Group
Police Review Commission
- Judith White
- M. Rivka Polantnick
RV’s and Councilmember Harrison
- Jessica Behrman
North Berkeley Crime Spree
- Jessica Behrman
Street Paving Priorities
- Bill Pottinger
- Janet
- Councilmember Wengraf
Aquatic Park Pollution
- Igor Tregub, on behalf of the Sierra Club San Francisco Bay
- Joan Wager
Addressing Climate Change
- Robert Kenney, Vice-President of PG&E
TOPA
- Avram Gur Arye (2)
Residential Smoking Ban
- Thomas Lord
- Maria T. Garcia de la Noceda
Undergrounding Utilities
- Kathryn Kennedy
Scofflaw Cyclists
- John Rice
Unfunded Employee Pension and Healthcare Liabilities
- David Lerman (2)
Cracked Sidewalk
- David Kupler
- Tony Benado
- City of Berkeley Customer Service (311)
Margaret Fine vs Garbriela Castello-Kramer
- Margaret Fine
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.