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  • City Council Regular Meeting eAgenda September 13, 2022
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City Council Regular Meeting eAgenda September 13, 2022

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, September 13, 2022
6:00 PM

Jesse Arreguin, Mayor

Councilmembers:

District 1 – Rashi Kesarwani

District 5 – Sophie Hahn

District 2 – Terry Taplin

District 6 – Susan Wengraf

District 3 – Ben Bartlett

District 7 – Rigel Robinson

District 4 – Kate Harrison

District 8 – Lori Droste

PUBLIC ADVISORY:  THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE

Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device:  Please use this URL https://cityofberkeley-info.zoomgov.com/j/1611765730.  If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous.  To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 176 5730. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@cityofberkeley.info.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.  Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

 

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

  1. Pledge of Allegiance to the Flag
  2. Adjourn in memory of Leisl Griffith Redmond, City of Berkeley Employee
  3. Adjourn in memory of Neil Mayer, Former City of Berkeley Employee

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda.  If five or fewer persons wish to speak, each person selected will be allotted two minutes each.  If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move 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.

Recess Items

1.-Contract No. 084534-1 Amendment:  NextGen Health Care Information Systems, Inc. for Electronic Health Records
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 084534-1 with NextGen Healthcare Information Systems, Inc., increasing the amount by $188,955 for a total contract value not to exceed $1,008,291 and extending the term from September 30, 2010 through June 30, 2024.
Financial Implications: See report
Contact: LaTanya Bellow, Information Technology, (510) 981-6500

2.-Contract No. 31900288 Amendment: Disability Access Consultants for ADA Transition Plan
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to execute an amendment to Contract No. 31900288 with Disability Access Consultants (DAC) for Americans with Disabilities Act (ADA) Transition Plan and On-Call ADA accessibility consulting services, increasing the contract amount by $122,000 for a total not-to-exceed amount of $606,800 and extend the contract term to June 30, 2023.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

3.-Contract No. 32100194 Amendment: Bay Cities Paving & Grading, Inc. for Construction and Repairs
From: City Manager
Recommendation:
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32100194 with Bay Cities Paving & Grading, Inc. for work on the Street Rehabilitation FY 2021 Project, Specification No. 21-11422-C, increasing the current contract amount by $260,000, for a total amount not to exceed $4,556,733.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300

Consent Calendar

4.-Minutes for Approval
From: City Manager
Recommendation:
Approve the minutes for the Council meetings of July 7 (closed), July 12 (closed and regular), July 18 (closed), July 26 (special and regular) and August 3 (special).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

5.-Contract: Municipal Resource Group for Addressing Impacts Resulting from Great Resignation
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with Municipal Resource Group (MRG) for professional services needed to respond to the impacts within the City as a result of the Great Resignation. Total contract direct costs will not exceed $87,675.
Financial Implications: General Fund - $87,675
Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000

6.-Contract No. 32100053 Amendment: Orsolya Kuti, DVM to Provide On-site Veterinary Services for Berkeley Animal Care Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend Contract No. 32100053 with Orsolya Kuti for on-site veterinary services for Berkeley Animal Care Services, increasing the contract amount by $8,000 for a new total not to exceed amount of $228,000, and extending the contract term to September 14, 2023.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

7.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 13, 2022
From: City Manager
Recommendation:
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $440,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

8.-Request for Proposal for Project Homekey
From: City Manager
Recommendation:
Adopt a Resolution authorizing City Manager to: 1. Release a Request for Proposals (RFP) for a Homekey Round 3 Project; and 2. Consider a reservation of up to $8.5M in General Funds collected pursuant to Measure P, and/or other funding source, to support a future Homekey project.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

9.-Contract: Tiana Sanchez International LLC for HHCS Equity Consultant
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Tiana Sanchez International, LLC. (Contractor) to provide equity consulting services for the Department of Health, Housing and Community Services (HHCS) from October 1, 2021 to May 30, 2023 in an amount not to exceed $120,000.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

10.-Contract No. 31900043 Amendment: Kings View Professional Services for Mental Health Reporting Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900043 with Kings View Professional Services to provide mental health financial reporting services through June 30, 2024 in an amount not to exceed $220,628.
Financial Implications: Mental Health Realignment-Administration Account - $57,100
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

11.-Accept Future of Public Health Funds from the State of California
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 for the Fiscal Year 2023.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

12.-Donation of Painting Services from MB Jessee Painting, Inc.
From: City Manager
Recommendation:
Adopt a Resolution accepting the donation of painting services and materials from MB Jessee Painting, Inc., estimated to be a value of $8,994, to paint interior areas of 1900 6th Street building in accordance with Administrative Regulation 3.19, Donations to the City from Individuals of Outside Organizations.
Financial Implications: $8,994 (Donation)
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

13.-Contract No. 8392 Amendment: Innovative Claim Solutions (ICS) for claims administration of the City’s Workers’ Compensation Program
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an amendment to extend Contract No. 8392 with Innovative Claims Solutions (ICS) to provide third-party claims administrative services, Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS), for an additional term of three years from July 1, 2022 through June 30, 2025 at a decreased annual rate of $570,000 for a total contract amount of $7,393,611 for year 2023.
Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

14.-AHEAD, Inc: Using the California Department of General Services’ (DGS) Software Licensing Program (SLP) for Software License Purchases
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to increase spending authority with AHEAD, Inc. (“AHEAD”) for the purchase of Varonis software licenses and professional services, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $71,481 for a total amount not-to-exceed $236,305, and the period beginning September 29, 2022 through September 28, 2023.
Financial Implications: IT Cost Allocation Fund - $71,481
Contact: LaTanya Bellow, Information Technology, (510) 981-6500

15.-Lease Agreement: 80 (North Building), 82/84 & 90 Bolivar Drive in Aquatic Park with Waterside Workshops
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Waterside Workshops to use the 80 (North Building), 82/84 & 90 Bolivar Drive in Aquatic Park for a lease term anticipated to begin November 1, 2022 and ending November 1, 2031.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

16.-Donation: Memorial Bench at the Cesar Chavez Park in memory of Walt and Trudee Rowson
From: City Manager
Recommendation:
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Cesar Chavez Park at the Berkeley Marina in memory of Walt and Trudee Rowson.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

17.-Donation: Memorial Bench at the Cesar Chavez Park in memory of Don Rothenberg
From: City Manager
Recommendation:
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Cesar Chavez Park at the Berkeley Marina in memory of Don Rothenberg.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

18.-Donation: Memorial Bench at the Indian Rock Park in memory of Dave Altman
From: City Manager
Recommendation:
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Indian Rock Park at the Berkeley Marina in memory of Dave Altman, a longtime Berkeley rock climber and a treasured member of the rock-climbing community.
Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

19.-Contract: Bellingham Inc. to Replace and Repair Docks at the Berkeley Marina
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Bellingham Inc. to repair and replace docks at the Berkeley Marina in a total amount not-to-exceed $550,000, which includes a contract amount of $480,000 and a 14.58% contingency in the amount of $70,000.
Financial Implications: Marina Fund - $550,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

20.-Revenue Grant: California Office of Traffic Safety (OTS) for the 2023 “Selective Traffic Enforcement Program (STEP) Grant
From: City Manager
Recommendation:
Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety. This OTS grant is for $180,000 for the period of October 1, 2022 through September 30, 2023, which is Federal Fiscal Year 2023
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

21.-2022 Vision Zero Program Grant Applications
Revised material (Supp 3)
From: City Manager
Recommendation:
Adopt three Resolutions:
1. Certifying that the Berkeley Vision Zero Action Plan, the Berkeley Bicycle Plan, and the Berkeley Pedestrian Plan, collectively meet the Safe Streets and Roads for All grant program requirement for a Comprehensive Safety Action Plan.
2. Authorizing the City Manager to submit a grant application to the federal Safe Streets and Roads for All (SS4A), accept the grant awarded, and execute any resultant agreements and amendments.
3. Authorizing the City Manager to submit a grant application to the federal Reconnecting Communities Pilot Grant Program (RCP), accept the grant awarded, and execute any resultant agreements and amendments.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

22.-Red Curbs and Visible Signage
From: Disaster and Fire Safety Commission
Recommendation:
The Disaster and Fire Safety Commission (“Commission” or “DFSC”) respectfully requests that Council immediately take the following remedial actions to improve emergency vehicle access and residents’ ability to evacuate in the event of a wildfire, while we await implementation of more comprehensive long-term actions such as the Safe Passages program.  In identified high fire risk areas (Fire Zones 2 and 3) and in other high-risk areas, such as where hazardous chemicals are stored or used: 1. Inspect, fix or replace all parking restriction signage as necessary; 2. Red curb all fire hydrant areas to the maximum extent allowed by law; and 3. Direct the Fire Department and Public Works to identify areas that could be pinch points for fire trucks to travel.
Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

23.-Appointment of Judy Appel to Mental Health Commission for the City of Berkeley
From: Mental Health Commission
Recommendation:
Adopt a Resolution appointing Judy Appel as a representative of the Special Public Interest Category (family member), to complete her first 3- year term beginning September 14, 2022 and ending September 13, 2025.
Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

24.-Taking Action on the City of Berkeley’s Commitment to Abortion Access
From: Peace and Justice Commission
Recommendation:
Adopt a Resolution Taking Action on the City of Berkeley’s Commitment to Abortion Access.
Financial Implications: Staff time
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100

Council Consent Items

25.-Pacific Center for Human Growth: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Mayor Arreguin to the Pacific Center for Human Growth, for the planning and production of a historical quilt to honor their 50th anniversary. Funds would be relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.
Financial Implications: Mayor's Discretionary Funds - $1,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100

26.-Ordinance Amendment: Correction to the COVID-19 Emergency Response Ordinance, BMC Chapter 13.110.
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor)
Recommendation:
Adopt the first reading of an Ordinance correcting BMC Chapter 13.110, the COVID-19 Emergency Response Ordinance, to clarify the effect of Ordinance No. 7,762-N.S. upon tenant protections that were inadvertently omitted during the last update of BMC Chapter 13.110.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

27.-Resolution in Support of High-Quality, Equitable Healthcare Services at UCSF Children’s Hospital Oakland
From: Councilmember Taplin (Author)
Recommendation:
Adopt a Resolution in support of patients, nurses, doctors, caregivers and other employees at UCSF Children’s Hospital Oakland; and send resolution to the UC Board of Regents, UC Office of the President, and UCSF Health.
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

28.-Berkeley Youth Alternatives (BYA) Charity Golf Classic: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author)
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $200 from Councilmember Taplin, to support the 4th Annual Charity Golf Classic hosted by Berkeley Youth Alternatives (BYA).
Financial Implications: Councilmember's Discretionary Funds - $200
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

29.-California Marriage Equality Resolution (Prop 8 Repeal)
From: Councilmember Taplin (Author), Councilmember Droste (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation:
Adopt a Resolution Urging the California Legislature to Place a Measure on the Ballot to Repeal Article I Section 7.5 of the State Constitution, a.k.a. Proposition 8; and send copies to the Offices of the Speaker of the Assembly, Senate President Pro Tempore, and Governor.
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

30.-Referral: Keep Innovation in Berkeley (Reviewed by the Land Use, Housing, & Economic Development Committee)
Supplemental material (Supp 1)
From: Councilmember Robinson (Author), Councilmember Taplin (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation:
Refer to the City Manager and the Planning Commission to consider and return to Council with Zoning Ordinance amendments, codified performance standards, and other actions to encourage the growth and retention of Research & Development (R&D) in Berkeley. Staff and the Commission should explore: 1. Naming R&D as an allowed land use in the commercial districts of Telegraph (C-T and C-C), West Berkeley (C-W), University (C-U), and Downtown Berkeley (C-DMU) with a Zoning Certificate, subject to performance standards. a. Performance standards should regulate and mitigate potential impacts on quality of life, public health, and environmental health, such as noise, odors, fumes, vibrations, dust, light pollution, hours of operation, and disposal and storage protocols for flammable, combustible, chemical, and hazardous substances. 2. Updating the “District Purpose” sections of the MM and MU-LI districts to specifically embrace R&D. Consider doing the same for other districts where R&D is allowed, if deemed appropriate. 3. Amending R&D parking requirements in M-prefixed districts to align with Laboratory parking requirements and in C-prefixed districts, excluding C-T, to align with Manufacturing parking requirements. 4. Reviewing Berkeley Municipal Code 23.206.080 to ensure that language regulating Biosafety Level (BSL) Classes 1-4 is clear and consistent with regulations in neighboring jurisdictions and other cities that support a broad range of R&D. Consider repealing the section or amending it to permit BSL-2 in all districts where research and development facilities or laboratories are permitted. 5. Returning to Council with additional recommendations, if any, that would serve to encourage R&D in Berkeley, as determined by staff or that present themselves through the Planning Commission process.
Policy Committee Recommendation: Approve the item with a positive recommendation.
Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

31.-Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for the Center for Independent Living’s 50th Anniversary
From: Councilmember Robinson (Author), Councilmember Bartlett (Author)
Recommendation:
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 each from Councilmember Robinson and Councilmember Bartlett, to the Center for Independent Living to fund a Berkeley mural project, street festival, CIL open house, three-day conference on independent living, and other activities for their 50th Anniversary.
Financial Implications: Councilmembers' Discretionary Funds - $500
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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 use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar - Old Business

32.-Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers (Continued from July 26, 2022. Item contains revised and supplemental materials)
Revised material (Supp 1)
Supplemental material (Supp 2)
From: City Manager
Recommendation:
Adopt a Resolution accepting the Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers submitted pursuant to Chapter 2.99 of the Berkeley Municipal Code.
Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900; LaTanya Bellow, City Manager's Office, (510) 981-7000

33.-An Ordinance Repealing Chapter 12.76 of the Berkeley Municipal Code and Repealing Ordinance 7643-NS.
From: City Manager
Recommendation:
Adopt first reading of an ordinance repealing Chapter 12.76 of the Berkeley Municipal Code and repealing Ordinance 7643-NS.
Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950, Dee Williams-Ridley, City Manager, (510) 981-7000, Paul Buddenhagen, City Manager's Office, (510) 981-7000

Council Action Items

34.-Equitable Safe Streets and Climate Justice Resolution (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
Supplemental material (Supp 3)
From: Councilmember Taplin (Author)
Recommendation:
Adopt a resolution committing the expenditure of City and state/federal matching/recurring funds on city-maintained roads, sidewalks, and bike lanes to accelerate safety improvements in a manner consistent with City, State, and Federal policy on street safety, equity, accessibility, and climate change; refer to the City Manager fully integrate Complete Streets design as defined by the NACTO Urban Street Design Guide in the default engineering standard for city streets; restrict city use of the Manual on Uniform Traffic Control Devices (MUTCD) to only documented cases that require its use for compliance with Federal/State regulations; in all other cases, restrict use of the MUTCD to “engineering judgment.”
Policy Committee Recommendation: Send the item to Council with a positive recommendation.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

35.-Efficiency Unit Ordinance (Reviewed by the Land Use, Housing, & Economic Development Committee)
Supplemental material (Supp 3)
From: Councilmember Taplin (Author), Councilmember Robinson (Co-Sponsor)
Recommendation:
Refer to the City Manager and Planning Commission to adopt objective standards for Efficiency Units pursuant to California Housing and Safety Code § 17958.1, developing an ordinance to amend the Berkeley Municipal Code modeled after standards implemented in the City of Davis, the City of Santa Barbara and other cities.
Policy Committee Recommendation: Approve the item with a positive recommendation.
Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

Information Reports

36.-City Council Short Term Referral Process – Quarterly Update
From: City Manager

Contact: Mark Numainville, City Clerk, (510) 981-6900

37.-Federal Economic Relief Spending in Berkeley
From: City Manager

Contact: Eleanor Hollander, Economic Development, (510) 981-7530

38.-Sanctuary City Contracting Compliance Report for FY 2022
From: City Manager

Contact: Henry Oyekanmi, Finance, (510) 981-7300

39.-Environment and Climate Commission 2022 Work Plan
From: Environment and Climate Commission

Contact: Billi Romain, Commission Secretary, (510) 981-7400

40.-Planning Commission Fiscal Year 2022-23 Work Plan
From: Planning Commission

Contact: Alene Pearson, Commission Secretary, (510) 981-7400

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.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
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 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 https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas
and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor
Tel:  510-981-6900, TDD:  510-981-6903, Fax:  510-981-6901
Email:  clerk@cityofberkeley.info

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University,
North Branch – 1170 The Alameda, South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

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.

Captioning services are provided at the meeting, on B-TV, and on the Internet.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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 September 1, 2022.

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.

Vision 2050

  1. Ben Gerhardstein, on behalf of Walk Bike Berkeley, North Berkeley Now, Bike East Bay and BNHCA.

Berkeley Marina Area Specific Plan (BMASP)/Cesar Chavez Park

  1. Emily Galpern
  2. Masha Gutkin
  3. Sandy Emerson
  4. Daniel Larlham
  5. Luke Bailey
  6. Garril Page
  7. Sandra Blair
  8. Kathleen McLauglin
  9. David Mandel
  10. Roberta Wyn
  11. Meryl Siegal
  12. Tro Vatro
  13. Wini Williams
  14. Miranda Morris
  15. Shoshana Uribe (2)
  16. Linda Karr
  17. Morissa Zuckerman
  18. Cynthia Gould
  19. Judy Grether
  20. Charlene Woodcock
  21. Nicole Bloom
  22. Kerna Trottier
  23. Tamara Birdsall
  24. Katya Gerwein
  25. Remi Omodele
  26. Mary Behm-Steinberg
  27. Wanda Warkentin
  28. Elsa Tranter
  29. Gail Mandella
  30. Majid Ghojjeh
  31. Bill Reynolds
  32. Dorothea Dorenz
  33. Ingrid Crickmore
  34. Stacey Singleton
  35. Yvette Bozzini
  36. Barbara Haber
  37. Ryan Hart
  38. Garril Page
  39. Doug Dohrer
  40. Barbara Li Santi
  41. Susan Griffin
  42. Irene Jung-Huang
  43. Nancy Newman
  44. Elizabeth Rood
  45. Ric Keeley
  46. Steve Tracy
  47. Ken and Silvana Blum
  48. Nancy Hormachea
  49. Gail Harrison
  50. Judy Ballinger
  51. Deborah Scott
  52. Eric Naiman
  53. Gina Hassan
  54. David Wallin
  55. Sally Nelson
  56. Laurie Lenrow
  57. Summer Brenner
  58. Erica Roberts
  59. Sarah Elzea
  60. Ernest Isaacs
  61. Bob Schildgen
  62. Tamar Oppenheimer
  63. Chloe Chaundhry
  64. Gillian Heather Geller
  65. Francie Shaw
  66. Lesli Salzinger
  67. Susan Gluss
  68. Jack Kurzweil
  69. Suzanne Pegas
  70. Peter Gleick
  71. Herb Schwartz
  72. Tobey Wiebe
  73. Jean Tepperman
  74. Bruce Bagnell
  75. Tracey Cosgrove
  76. Hannah Meara
  77. Margot Smith
  78. Kathleen Evans
  79. Leslie Sakai
  80. Stefani Berger
  81. Gael Alcock
  82. Wini Williams
  83. Shantee Baker
  84. Sarah Daniels
  85. Melissa Hayes
  86. Anne Rowe
  87. Nicole S.
  88. Shahryar Muzaffar
  89. Joan Wheeler
  90. Leigh Lightfoot
  91. Alex Nguyen
  92. Daniel Larlham
  93. Kat Schaaf
  94. Kelly Hammargren
  95. Maureen Fitzgerald
  96. Esther Brass
  97. Alexandre Chorin
  98. Meryl Siegal
  99. Maureen Daggett
  100. Robert Bloomberg (2)
  101. Katharine Carrillo
  102. Ilse Eden
  103. Dan Slobin
  104. Arthur Braufman
  105. Mimi Moungovan
  106. Feleciana Feller
  107. Ken Krich
  108. John Porter
  109. Jonathan Newman
  110. James McGrath
  111. Sarah Van Cleave
  112. Leah Shelleda
  113. Collette Tureene
  114. Maxina Ventura
  115. Shoshana Dembitz
  116. Martin Nicolaus (Book – Love Letters to the Park)
  117. Janine Brown
  118. Sally Francis
  119. Alan McCornick
  120. Kit Robinson
  121. Riley Taylor
  122. Randy Marks
  123. Susan Oppie
  124. 6 similarly-worded form letter (I greatly appreciate)
  125. 28 similarly-worded form letters ((I am one of the rapidly)

 

 

Fishing at the Berkeley Waterfront: What is it Worth? – A Draft Summary Report

  1. San Francisco State University

 

IKE Kiosks

  1. Dahlia Armon
  2. Todd Andrew (2)
  3. Jane Tierney
  4. Linda Press Wulf
  5. Soula Culver
  6. Annie Barrows
  7. Margit Roos-Collins
  8. Wini Willaims
  9. Stephanie Thomas
  10. Clay Collett
  11. Maxina Ventura
  12. Bruce Brody and Lin Druschel
  13. Morgan Read
  14. Margot Smith
  15. Susan Boat
  16. Kieron Slaughter (2)
  17. Luma Corte, on behalf of Fourth Street Merchants
  18. Patricia Zambryski
  19. Janice Murota (2)
  20. Constance Anderson
  21. Zipporah Collins
  22. Joseph Klems
  23. David Bullitt, on behalf of Heroic Italian Restaurant
  24. Karen Rusiniak
  25. David Ndeto, on behalf of TCHO Chocolate
  26. Jack Lavac, on behalf of Visit Berkeley & Berkeley Film Office
  27. Donald Rothberg
  28. James Lerager

 

Temporary Suspension of the Use of Tear Gas, Smoke and Pepper Spray, Associated with the Protest at People’s Park

  1. Jack Kurzweil
  2. Eric Friedman
  3. Ron Jacobs
  4. Metztli Hamelius
  5. Lily Colby
  6. Gerard Jamin
  7. Hali Hammer
  8. Terri Compost
  9. Carol Denney
  10. Summer Brenner
  11. Sarah Cadorette
  12. Tobey Wiebe
  13. Russell Lee
  14. Thomas Luce
  15. Zepatitis B
  16. Yadi
  17. Maryann O’Sullivan
  18. Gabe Gartland
  19. Nathan Sweet
  20. Juliet Lee
  21. Emilio Fentanes
  22. Sheila Goldmacher
  23. John Selawsky
  24. Anne-Lise Francois
  25. Phoebe Anne Sorgen
  26. Alissa Weber
  27. Jan Ruchlis
  28. Sara Antunovich
  29. Melanie Lawrence
  30. Councilmember Harrison (2)
  31. Martina Reaves
  32. Anna Tseselsky
  33. Alan Haber
  34. Toby Blome
  35. Maxina Ventura
  36. Tom Pache
  37. Wendy Alfsen
  38. Margaret Pritt
  39. Adele and David Crady
  40. Vicki Young
  41. Glenda Pawsey
  42. Ken Kratz
  43. Anya Worley-Ziegmann
  44. Sharon Gillars
  45. K.B. Townsend
  46. Amy Eden
  47. Robert Feuer
  48. Rachel Jamison
  49. Sarena Kuhn
  50. Karly Stark
  51. AJ Schaerer
  52. Ashe DeLong
  53. Justin Lee
  54. Sydney Selix
  55. 29 similarly-worded form letters (Hello, my name is)

 

Save People’s Park

  1. Diana Bohn
  2. James Mattson
  3. Chrissy Hoffman
  4. Derek Gaither
  5. Lavell Young (2)
  6. Paul Lee
  7. Blair Beekman
  8. Keith Nickolaus
  9. Patricia Maud Engel
  10. Bryan Graham
  11. Ken Kratz
  12. Terri Compost

 

Wildfire Safety

  1. David Schindler
  2. Henry DeNero, on behalf of the Hillside Association of Berkeley and it’s Hillside Fire Safety Group (2)
  3. Bruce Brody
  4. Suzi Peterson and Alan Sher
  5. David Sprague
  6. Sondra Schlesinger

 

Park Usage Fees - Kite Festival, S.F. Mime Troupe, et al

  1. Eric Friedman
  2. Judith Thomas
  3. Sally Nelson
  4. Gael Alcock
  5. Esfandiar Imani
  6. Summer Brenner
  7. Jill Schalet
  8. Louise Kimball
  9. Susan Ashworth
  10. Barbara Ancher
  11. Rafael Gonzalez
  12. Wini Williams

 

Youth Commission

  1. Cecilia Lunaparra
  2. 21 similarly-worded form letters

 

Warrantless Searches/BPD Policy 311

  1. Jennifer Wilks
  2. Alexandra Mitnick
  3. T.C Shu
  4. Li Shu
  5. David T.
  6. Gary Amado
  7. Billy McDonald
  8. Iris Hagen Ratowsky
  9. Thomas Luce
  10. Summi Kaipa
  11. Betty Kano

 

Shellmound

  1. Stephanie Manning
  2. Richard Schwartz (2)
  3. Peter Walker
  4. David Lutes
  5. California Norma
  6. Linda Newton
  7. Elana Auerbach
  8. John Curl
  9. Jyl Lutes
  10. Christy Fischer, on behalf of Trust for Public Land
  11. Sylvie Woog

 

Hopkins Corridor

  1. George Porter, on behalf of Commission on Aging
  2. Bob Flasher (2)

 

E-Bikes

  1. Fredda Cassidy
  2. Jeff Hoover
  3. Julie Elis
  4. Robert Byler

 

Housing Element

  1. Kendra Ma, on behalf of TranForm
  2. Ellen Lake, on behalf of the Kala Art Institute
  3. Harvey McKeon
  4. North Berkeley Now Housing and Climate Action
  5. Sophia DeWitt, on behalf of East Bay Housing Organization

 

Junior Jackets Sports Team Asked To Leave San Pablo Park

  1. Moni Law (2)
  2. Angela Jernigan
  3. Sheila Jordan
  4. Jr Jackets

 

Tenants Opportunity to Purchase Act (TOPA)

  1. 12 similarly-worded form letters

Pedestrian Safety

  1. Wende Micco
  2. Roger Hallsten
  3. Rachel Bradley
  4. Robin Kirby

 

Bio Lab/Bayer

  1. Berkeley Neighborhood Council
  2. Dana Perls, on behalf of Friends of the Earth

 

COVID-19, Monkeypox, Vaccinations and Masks

  1. Marilyn Kaplan (2)
  2. Anne McClintock

 

Harriet Tubman Terrace

  1. Libby Lee-Egan and Mari Mendonca

 

Joining the Department of Housing and Community Development (HCD) Lawsuit

  1. Susan Candell

 

Crime

  1. Katya Stoakes
  2. Alex Merenkov
  3. Isobel Dozier

 

Shattuck Cinemas

  1. Charlene Woodcock

 

BART Development

  1. Jean Peters
  2. Malea Raffetseder

 

Toxic Pesticides

  1. Maya Cohen

 

SB 9

  1. Dorothy Berndt

 

Golden Duplex

  1. Henry Caro

 

Unresolved City Matter – Closing Business License

  1. Bill Creasi

 

 

CalPERS Bills Going Up

  1. Eric Lerman

 

Union Pacific Railroad

  1. Robert Kroll

 

Rat Birth Control

  1. Andie Grace
  2. Tony Benado

 

Telegraph Avenue is an Eyesore

  1. Joann Philbin

 

Property Tax Exemption for Nonprofits

  1. Barbara Gilbert

 

Toxic Waste Disposal

  1. David Lerman

 

1598 University Avenue Planned 8-Story Building

  1. Bill Kristy

 

Homelessness

  1. Mike Palmer

 

Bond Measure L

  1. Geoff Lomaz (3)
  2. Henry Oyekanmi

 

West Berkeley Budget Priorities

  1. 4 similarly-worded form letters

 

Rent Control

  1. Bryce Nesbitt

 

Affordable Housing

  1. Ann Campbell

 

EDI to Phase Out Bowel and Bladder Care

  1. Tamar Michai Freeman

 

City of Berkeley Corruption

  1. Walter Wood

 

Teaching BUSD Kids To Swim

  1. David Lerman

Recruit Solano Avenue BID Advisory Board Members

  1. Todd Andrew

 

Incessant Dog Barking

  1. Norma J F Harrison

 

Misuse of jessearreguin.com Website

  1. David Lerman

 

Underground Wiring on Eton Avenue

  1. Fredora H. Darmstadt

 

Restoring Bus Service

  1. Marilyn Sagna
  2. Ika Simpson

 

5G Cell Towers

  1. Omowale Fowles

 

Natural Gas Ban in Berkeley

  1. Stella Kim

 

No Whites Allowed – POC House

  1. Janice Barton

 

Public Financing

  1. Omowale Fowles
  2. Catherin Huchting

 

Measure P

  1. Joel Libove

 

Covid Eviction Moratorium

  1. Daniel Lorence

 

Things I Miss About Berkeley

  1. M.E. Lawrence

 

Car-Free Berkeley

  1. Ken Stein

 

University Campus Police Department

  1. Carol Denney

 

Electric Vehicle Charging Stations Infrastructure

  1. David Lerman

Genetically Modified Mosquitoes

  1. David Luz

 

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.
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