City Council Special Meeting eAgenda June 29, 2021

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, June 29, 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 Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, there will not be a physical meeting location 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/83147858591. 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: 831 4785 8591. 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

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.

Urgent Item

Adopt a Resolution Updating Guidelines and Procedures for City Council Office Budget Expenditure Accounts and Refer to the Budget Process Pursuant to Resolution No. 69,928–N.S.
From: Councilmember Harrison (Author)
Recommendation:
1. Adopt a Resolution updating the guidelines and procedures for City Council office budget expenditure accounts and rescinding and superseding Resolution No. 65,540-N.S.; and,
2. Refer to the budget process pursuant to this Resolution and Resolution No. 69,928–N.S.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4 (510) 981-7140

	Consent Calendar
1.	FY 2022 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) From: City Manager Recommendation: Adopt second reading of Ordinance No. 7,765-N.S. setting the FY 2022 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0059%. First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf. Financial Implications: See report Contact: Henry Oyekanmi, Finance, (510) 981-7300

FY 2022 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,766-N.S. setting the FY 2022 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0135%.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

FY 2022 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,767-N.S. setting the FY 2022 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0088%.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

FY 2022 Tax Rate: Business License Tax on Large Non-Profits
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,768-N.S. setting the FY 2022 tax rate for Business License Tax on large non-profits at $0.7041 (70.41 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

FY 2022 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,769-N.S. setting the FY 2022 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at an annual rate of $0.1047 (10.47 cents) per square foot of improvements and $0.15705 (15.705 cents) for the 18-month period from January 1, 2021 to June 30, 2022.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Fire, (510) 981-3473

FY 2022 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,770-N.S. setting the FY 2022 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1896 (18.96 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

FY 2022 Special Tax Rate: Fund the Provision of Library Services
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,771-N.S. setting the FY 2022 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2402 (24.02 cents) per square foot for dwelling units and $0.3632 (36.32 cents) per square foot for industrial, commercial, and institutional buildings.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Director of Library Services, (510) 981-6195

FY 2022 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,772-N.S. setting the FY 2022 tax rate for funding the provision of emergency services for the disabled at $0.02378 (2.378 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

FY 2022 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,773-N.S. setting the FY 2022 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0170%.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

10.

FY 2022 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,774-N.S. setting the FY 2022 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0077%.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

11.

FY 2022 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,775-N.S. setting the FY 2022 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.05818 (5.818 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.08804 (8.804 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Interim Fire Chief, (510) 981-5500

12.

FY 2022 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,776-N.S. setting the FY 2022 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0412 (4.12 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

13.

Referral Response: Path to Permanence: Outdoor Dining and Commerce in the Public Right-of-Way
From: City Manager
Recommendation:
1. Adopt second reading of Ordinance No. 7,777-N.S. revising BMC Section 14.48.190 Parklets and BMC Section 16.18 Right of Way Encroachments and Encroachment Permits to simplify the permitting process for the conversion of temporary parklets and outdoor commerce installations after a declared local emergency.
2. Adopt second reading of Ordinance No. 7,778-N.S. revising BMC Section 14.48.150 Sidewalk Seating to expand the areas and scope of activities that may be permitted via a sidewalk seating permit (a type of engineering permit) after a declared local health emergency, implement a new fee for the use of parking spaces for commercial activity.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – Harrison, Wengraf.
Financial Implications: See Report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

14.

Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the council meetings of May 11, 2021 (regular), May 13, 2021 (closed), May 18, 2021 (closed and special), May 20, 2021 (closed) and May 25, 2021 (closed and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

15.

Contract No. 099148-1 Amendment: Code Publishing Company for Berkeley Municipal Code Publishing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 099148-1 (FUND$ Contract No. 9541A) with Code Publishing Company for online and printed code publishing services for the Berkeley Municipal Code, increasing the contract by $40,000 for a total not to exceed amount of $139,000, and extending the contract to December 21, 2024.
Financial Implications: General Fund - $40,000
Contact: Mark Numainville, City Clerk, (510) 981-6900

16.

Appointment of Interim Director of Police Accountability
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Katherine J. Lee to be Interim Director of Police Accountability and approving an employment contract to be effective July 1, 2021 at an annual salary of $182,260.65.
Financial Implications: See report
Contact: Dave White, City Manager's Office, (510) 981-7000

17.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 29, 2021
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: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

18.

Appropriations Limit for FY 2022
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $311,493,168 for FY 2022 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

19.

FY 2022 Revision to the Investment Policy and Designation of Investment Authority
From: City Manager
Recommendation: Adopt a Resolution accepting the changes to the Investment Policy and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2022.
Financial Implications: None
Contact: Henry Oyekanmi, Finance, (510) 981-7300

20.

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 Project; and 2. Allocate HOME-ARP funding and General Fund collected pursuant to Measure P 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

21.

Fiscal Year 2022 Community Development Block Grant Public Facility Improvement Program Funds for the West Berkeley Service Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Allocate all available Fiscal Year (FY) 2022 Community Development Block Grant funding (estimated at $1,145,251) for one public facility improvement project at the City’s West Berkeley Service Center; and 2. Allocate any additional FY 2021 CDBG program income to the West Berkeley Service Center renovation project, if needed, and in accordance with Resolution 69,830 –N.S.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

22.

Contract No. 31900254 Amendment: Easy Does It to Provide Emergency Disability Services and Audit Recommendation Update for Fiscal Year 2022-2023
From: City Manager
Recommendation: Adopt a Resolution approving an amendment to Contract No. 31900254 to continue funding for Easy Does It (EDI) for Fiscal Year (FY) 2022 and FY 2023 in the amount of $1,432,011 using Measure E funds to provide emergency disability services, as long as EDI continues to demonstrate progress towards resolving the audit findings.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

23.

Fiscal Year 2022 and Fiscal Year 2023 Housing Retention Program Contract
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Allocate the Fiscal Year (FY) 2022 and FY 2023 City of Berkeley Housing Retention Program (HRP) contract to the Eviction Defense Center (EDC), which operates the COVID-19 HRP; and 2. Amend Contract No. 32100023 with EDC to use General Fund U1 HRP funds for utility arrears or other expenses that would enable applicants to retain or obtain housing and/or employment.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

24.

Adopt a Resolution to Upgrade Residential and Commercial Customers to East Bay Community Energy (EBCE) Renewable 100 Plan
From: Energy Commission
Recommendation: Adopt a time-sensitive Resolution to upgrade all current and new Berkeley residential and commercial customer accounts from Bright Choice - 86% Green House Gas (GHG)-free including substantial hydroelectric and nuclear - to Renewable 100 (100% renewable energy from California solar and wind) for their default electricity service plan, excluding residential customers in low-income assistance programs. The Berkeley Energy Commission (Commission) recommends that the City Council adopt the resolution now to meet East Bay Community Energy’s (EBCE) schedule of requiring an extensive lead time needed for the transition to be effective April 1, 2022 for residential customers and October 1, 2022 for commercial customers.
Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400

25.

Berkeley’s Fleet Replacement: Fund Short by Millions
Supplemental material (Supp 2)
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by the first City Council meeting in January 2022, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Public Works Department.
Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750

Council Consent Items

26.

Resolution Supporting Freedom for Nasrin Sotoudeh
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution in Support of Freedom for Nasrin Sotoudeh and All Other Political Prisoners and Prisoners of Conscience in the Islamic Republic of Iran.
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

27.

Resolution Urging the Metropolitan Transportation Commission to Program and Prioritize American Rescue Plan Act Funds
Revised material (Supp 1)
From: Councilmember Harrison (Author)
Recommendation:
1. Adopt a resolution directing the Metropolitan Transportation Commission (MTC) to program $1.67 billion in American Rescue Plan Act (ARPA) funds immediately and prioritize them for immediate use to support Bay Area Transit riders and an equitable pandemic recovery.
2. Send a copy of the Resolution and an accompanying letter to the MTC Commissioners.
Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

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. 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

28.

Police Accountability Board – Appointment of Members (Continued from June 1, 2021)
From: City Manager
Recommendation: Adopt a Resolution appointing nine members to the Police Accountability Board nominated by the Mayor and City Councilmembers, and appointing one alternate member. (Note: Appointment of the alternate member is continued from the June 1, 2021 meeting.)
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

Action Calendar - New Business

29.

FY 2022 Budget Adoption
Supplemental material (Supp 2)
Revised material (Supp 3)
Revised material (Supp 3)

From: City Manager
Recommendation: Adopt a Resolution:
1. Adopting the FY 2022 Budget as contained in the City Manager’s FY 2022 Proposed Budget that includes the Proposed Capital Budget, presented to Council on May 25, 2021, and as amended by subsequent Council action.
2. Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2022, as reflected in Attachment 2 to the report, and as amended by subsequent Council action.
Financial Implications: See report
Contact: Rama Murty, Budget Office, (510) 981-7000

30.

FY 2022 Annual Appropriations Ordinance
Revised material (Supp 3)
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2022 Annual Appropriations Ordinance (AAO) in the amount of $668,825,973 (gross appropriations) and $581,303,702 (net appropriations).
Financial Implications: See report
Contact: Rama Murty, Budget Office, (510) 981-7000

31.

Borrowing of Funds and the Sale and Issuance of FY 2021-22 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $45,000,000 and the sale and issuance of Fiscal Year 2021-22 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Information Reports

32.

Voluntary Time Off Program for FY 2022
From: City Manager
Contact: Rama Murty, Budget Office, (510) 981-7000

33.

FY 2022 Civic Arts Grant Awards
From: Civic Arts Commission
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

34.

FY 2021 Second Quarter Investment Report: Ended December 31, 2020
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

35.

FY 2021 Third Quarter Investment Report: Ended March 31, 2021
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

36.

2021 Commission on Aging Work Plan
From: Commission on Aging
Contact: Richard Castrillon, Commission Secretary, (510) 981-5190

Public Comment – Items Not Listed on the Agenda

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service 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.

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

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 June 17, 2021.

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 through Records Online.

Item #26: Resolution Supporting Freedom for Nasrin Sotoudeh

Nazila Tobaei
Riya Master
Kianna Imani
Anonymous

Berkeley Marina (BMASP) and Pier/Ferry Project from Marina Users

Camille Antinori and David Fielder, on behalf of the marina users

Tenants Opportunity to Purchase Act (TOPA)

Andrew Godar
Carol Wyatt
Sam Weng
Julie Saxe-Taller
Timothy Kim
Peter Schiller
Hayley Currier
Bethany Kaylor
Mary Telling
Cheryl Davila (2)
Alex Werth
Ann Harvey

Climate Equity Action

Cate Leger, Berkeley Energy Commission
Ariella Granett
Lily Cohen
Janet Stromberg
Natalie Nussbaum
Mary Ann Furday
Margot Smith
Christie Keith
Susan Kirsch
Andrea Mullarkey

Electrification

Janet Stromberg

Berkeley Housing Authority (BHA) Negative Experiences

BHA staff

Grizzly Peak Problems

Joshua Bloom (2)

BART Housing

The-Anh Cao
Reynaldo Santa Cruz

Zoning Reform on Property Values

Margot Smith

Housing

Madeleine Shearer (2)

Affordable Housing Overlay Support

Planning Students Association of Cal

People’s Park

Russbumper

Outdoor Shelter and Enforce No Sidewalk Camping

Claudia Eyzaguirre

Evictions

Cadance Malone

Measure FF: Update from the Fire Department

David Peattie, on behalf of the Berkeley Disaster Prep Neighborhood Network

Library Issues

Barbara Gilbert

Parking Meters

Barbara Gilbert

Berkeley’s New Police Chief

Friends of Adeline

Employment Development Department

Rodak Goa

Skateboard Park

Alex Gomez-Pendleton

Daniel Hale Whistleblower

Russbumper

Speech to VTA

Blair Beekman

Live Music Is Back in Downtown Berkeley Plaza

Downtown Berkeley Association

Traffic Control Measures at Cragmont Elementary School

Edward and Noelle Long

CalPERS Response Letter to Resolution No. 69,829-N.S. of 4/27/2021

California Public Employees’ Retirement System

URL’s Only

Vivian Warkentin (2)
Russbumper (4)

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.