City Council Regular Meeting eAgenda October 26, 2021
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, October 26, 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
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 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/87152148000. 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: 871 5214 8000. 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.
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.
1. |
Ghost Gun Ordinance |
2. |
Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference |
3. |
Referral Response: Amending City Council Office Budget Expenditure and Reimbursement Policies |
4. |
Appointment of Emergency Standby Officer for City Council District 2 and Resignation of Second Stanby Officer for District 7 |
5. |
Revised Conflict of Interest Code |
6. |
Minutes for Approval |
7. |
Contract No. 32100161 Amendment: Dorothy Day House for Services at 742 Grayson Street |
8. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 26, 2021 |
9. |
Contract: Federal Engineering, Inc. for Prioritized Dispatch Consulting |
10. |
Contract No. 31900009 Amendment: Building Opportunities for Self-Sufficiency (BOSS) for Property Management Services at 2111 McKinley Ave |
11. |
Contract No. 32100019 Amendment: Sonya Dublin Consulting as the External Evaluator, Tobacco Prevention Program |
12. |
Contract: Discovery Health Services, Vendor for Citywide COVID-19 Testing |
13. |
Contract: Voya for Third-Party Administrator for COBRA Administration and Retiree Health Premium Assistance Plan Administration |
15. |
Revise Housing Inspector Supervisor Classification and Salary |
16. |
Assistant Inspector, Housing Inspector I, Housing Inspector II, and Senior Housing Inspector |
17. |
Dell Computers, Inc.: Using National Association of State Procurement Officials (NASPO) ValuePoint Cooperative Purchasing Agreement for Computer Hardware and Software Purchases |
18. |
Contract No. 122411-2 Amendment: Communication Strategies for Consulting Services for Voice over IP (VoIP) Extending Support and Maintenance and AT&T Phone Bill Audit |
19. |
Grant Application: the San Francisco Restoration Authority Measure AA Grant Program for Pre-Construction documents for Potential Improvement Projects at Aquatic Park |
20. |
Grant Application: Boating Safety and Enforcement Equipment (BSEE) grant program of the California Division of Boating & Waterways |
21. |
Renewal of the Elmwood Avenue BID for Calendar Year 2022 |
22. |
Renewal of the Solano Avenue BID for Calendar Year 2022 |
Council Consent Items
23. |
Budget Referral: Reckless Driving and Sideshow Deterrence Improvements |
24. |
Budget Referral: Sidewalk Repair on Arterial Streets |
25. |
CalVIP Grant Application Authorization |
26. |
Presentation Request: Study to Achieve Equity in City Contracting - “Berkeley Inclusion in Opportunity Index” |
27. |
Support Net Energy Metering |
28. |
Amend City Council Rules of Procedure and Order to Allow Extension of Items in Committee in Writing |
29. |
Budget Referral: Public Bank East Bay |
30. |
Budget Referral: Durant Parklet and Telegraph Plaza Improvements |
31. |
Budget Referral: Telegraph Shared Streets Feasibility Study |
Action Calendar |
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The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar. The Presiding Officer will request that persons wishing to speak 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. |
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Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak 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. |
32. |
Response to Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns; Amending BMC Chapters 23C.24 and 23F.04 (Continued from October 12, 2021) (Item contains supplemental material) |
33. |
Proposed Ordinance Amending Paragraph ‘NN’ of Berkeley Municipal Code Section 19.48.020 |
34. |
Identifying City Council Referrals for Removal (Continued from October 12, 2021) |
35. |
Amending the Berkeley Election Reform Act (BERA) Relating to Officeholder Accounts(Reviewed by the Agenda & Rules Committee) (Continued from October 12, 2021) |
36. |
Objective Standards Recommendations for Density, Design and Shadows (Continued from October 12, 2021) (Item contains supplemental material) |
37. |
Letter to Senate Budget Committee Chair Sen. Skinner Regarding Berkeley Pier (Continued from October 12, 2021) |
38. |
Budget Referral: Allocate General Fund Revenues to Support Pilot Program Offering Free AC Transit on Sundays in Berkeley (Continued from October 12, 2021) (Item contains supplemental material) |
Action Calendar – New Business
39. |
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 (Reviewed by the Budget & Finance Policy Committee) |
40. |
Annual Commission Attendance and Meeting Frequency Report |
41. |
Senior Center Survey Results – Fiscal Year 2021 |
42. |
Parks and Waterfront Commission Work Plan for 2021-2022 |
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 October 14, 2021.
Mark Numainville, City Clerk
Communications – October 26, 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.
Homelessness
- Councilmember Taplin
- Diana Bohn
- Maria St. John
- Alison Huetter
- Hugh Fountain
- Tim Southwick
- Laura Menard
- Councilmember Bartlett
- Jae Wheeler
RV Parking
- Maryann O’Sullivan
- Diana Bohn
- Mimi Moungovan
- Yesica Prado
Street Paving Equity
- Kelley Zito
- Mikko Jokela
- Lauren Gularte
- Markus Feyh
Automated License Plate Readers (ALRP)
- 18 similarly-worded from letters
- Becca Schonberg
Affordable Housing Overlay
- Alfred Twu
- Nico Nagle, on behalf of the Housing Action Coalition
North Berkeley BART Zoning
- Mary Rose
Leonard Powell Saga
- Steve Martinot
Lori Droste’s Interview Request
- Jalaya
BUSD Student Vaccine Mandate
- Nathan Shepard
Sugar-Sweetened Beverage Product Panel Experts Commission (SSBPPE)
- Holly Scheider, Chairperson, SSBPPE Commission
City Vacant Positions
- Margot Smith
Police Accountability Board, et al
- Katherine Lee, Interim Director of Police Accountability (2)
Mask Mandate
- Anne McClintock
- COVID-19 Information Service, City of Berkeley
- B. Beekman
UC Berkeley Adding 20,000 Students
- Margot Smith
Sanctuary City and Motorola
- B. Beekman
Mats in King Pool Locker Room
- Katie Calvert
Public Toilets in Front of the People’s Park Mural
- Rachel Neuman
- Diana Bohn
- Amy Kimmel
- Sylvia
- Harvey Smith
- Kelly Hammargren
- Liam Garland, Director of Public Works
- Carol Denney
- Carrie Olson
- Gar Smith
- Marcia Poole
- Councilmember Harrison
- Maris Arnold
- Deborah Green
- Lisa Teague
- Daniella Thompsin
- Maureen Kildee
- Lee Altenberg
- Max Ventura
- Andrea Prichett
- Alan Steinbach
Bayer Healthcare – Public Hearing Notice
- Alene Pearson, on behalf of Planning
URL’s Only
- Russbumper (2)
- 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.