City Council Regular Meeting eAgenda November 16, 2021
REVISED AGENDA
(ADDED CONTINUED ITEM FROM NOVEMBER 9, 2021)
BERKELEY CITY COUNCIL MEETING
Tuesday, November 16, 2021
6:00 P.M.
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
Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.
To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/86284941257. 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 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 862 8494 1257. 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.
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. The City Manager provided an update on the recruitment for the Police Chief and an update on the Homeless Response Team.
Presentation
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 |
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The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” 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.
Consent Calendar
1. |
Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference |
2. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 16, 2021 |
3. |
Authorizing Acceptance of California Department of Public Health California Equitable Recovery Initiative Grant Award |
4. |
ONTRACK Program Resources Inc. - Support Services for African American Community Members |
5. |
Salary Adjustment to Market Median for Department Heads |
6. |
Commission Reorganization: Creating the Parks, Recreation, and Waterfront Commission |
7. |
Amendment to the Agreement for Maintenance of State Highways in the City between the California Department of Transportation and City of Berkeley |
8. |
Vision 2050: A Year of Progress to Creating Sustainable and Resilient Infrastructure for Berkeley |
9. |
Contract No. 31900031 Amendment: Downtown Streets Team |
10. |
Purchase Order: Atlantic Machinery, Inc. for One Ravo Sweeper |
11. |
Filling Vacancies Among the Elected Representatives of the Poor |
Council Consent Items
12. Salary Adjustment for City Manager
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution to amend Resolution No. 69,998-N.S. (Classification and Salary Resolution for classifications in Representation Unit Z-1 Confidential and Executive Management Employees) to increase the salary of the City Manager from $25,119 per month to $32,180 per month effective November 14, 2021 to bring her salary in line with the median of the salaries of City/County Managers and Administrators in comparable jurisdictions in the Bay Area.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
13. |
Condemning Facebook/Meta for its Role in the Rise of Hate Crimes |
14. |
Budget Referral: Curtis Street Traffic Diverters |
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. |
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 use the "raise hand" function 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. 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. |
15. |
Renewal of the Elmwood Avenue BID for Calendar Year 2022 |
16. |
Renewal of the Solano Avenue BID for Calendar Year 2022 |
17. |
Fees: Vital Records |
18. |
Opt-In to Countywide Organics Reduction and Recycling Ordinance |
Action Calendar - Continued Business
A. Proposal to Allocate Revenues Generated by the Transient Occupancy Tax in the Waterfront Area to the Marina Fund to Avoid Insolvency, Rebuild its Fund Balance and to Stabilize its Finances (Continued from November 9, 2021)
From: Parks and Waterfront Commission
Recommendation: That Council adopt a Resolution adopting a policy that all Transient Occupancy Taxes (TOT hotel tax) generated at the Berkeley Waterfront be allocated to the City’s Marina Enterprise Fund. All other property, sales, utility users, and parking taxes; as well as business license and franchise fees, would continue to be allocated to the City’s General Fund.
Policy Committee Recommendation: Send the item to Council with a negative recommendation and additionally request a referral to the Budget & Finance Policy Committee to discuss and develop alternative revenue streams for the Marina Fund including a dedicated reserve.
Financial Implications: See report
Contact: Roger Miller, Commission Secretary, (510) 981-6700
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 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 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
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.
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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 4, 2021.
Mark Numainville, City Clerk
Communications – November 16, 2021
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 through Records Online.
Vision Zero
- 26 similarly-worded form letters
Automated License Plate Readers (ALPR)
- 5 similarly-worded form letters
- Elliot Halpern
Accessory Dwelling Unit
- Jill Bond
- Nancy Kates
- Gene Meyers
- Carla and Dolph Rempp
- Sara Cox
- Rocky Offner
- Tom Hutcheson
- Linda Polsby
- Kenneth Yip
- Pranab Bardhan
- Cameron Woo
- Russ Mitchell
BART Housing
- 13 similarly-worded form letters
- North Berkeley Neighborhood Alliance (2)
- Paul Bickmore
- Jeffrey Wescott
- Gary Miguel
- David Soffa
- Teresa Clarke (2)
Building Electrification
- Daniel Tahara
- Igor Tregub, on behalf of Sierra Club
Bayer Development Agreement
- Jennifer Lovvorn, secretary of the Civic Arts Commission
- Kathryn Reasoner
- Kim Anno
Berkeley Asphalt Company
- Christopher Kroll (2)
- Councilmember Kesarwani
- Pear Michaels
- Meryl Siegal
Plastic Bag Ordinance
- Dexter Griffin
Vandalism in the Downtown Business District
- Susie Kooyman
Fossil-Fuel Non-Proliferation Treaty
- Martin Bourque, on behalf of the Ecology Center
Access to Drinking Water
- David Lerman
Hope Center and Berkeley Way Apartments
- John Parman
Violation of First Amendment
- Nilang Gor
Intent to File Restraining Order
- Mellissa Cheatwood
EV Charging
- Tom Lent
- Councilmember Harrison
Homeless Altercations with Business’
- Haakon Thallaug, on behalf of Viking Trader
Downtown Berkeley Ambassadors
- John Caner, CEO, Downtown Berkeley Association
Nevada Cares Campus Briefing
- John Caner, CEO, Downtown Berkeley Association
Hazardous State of Berkeley Streets and Sidewalks
- Sabina McMurtry
Surging Gun Violence in America
- Paul Kealoha Blake
Climate News
- Thomas Lord
Violation of Sanctuary Contracting Ordinance
- Elana Auerbach
Grizzly Peak Traffic Speed
- Joshua Bloom
Hopkins Street Proposals
- Elsa Tranter
URL’s Only
- Vivian Warkentin
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.