City Council Special Meeting eAgenda March 23, 2021

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 23, 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/82597941909. 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: 825 9794 1909. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit an e-mail comment during the meeting to be read aloud during public comment, email clerk@cityofberkeley.info with the Subject Line in this format: “PUBLIC COMMENT ITEM ##.” Please observe a 150 word limit. Time limits on public comments will apply. Written comments will be entered into the public record.

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.

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.

Consent Calendar

Contract No. 32000282 Amendment: AG Witt, LLC for COVID-19 Emergency Operations Cost Recovery Consultant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000282 with AG Witt, LLC for COVID-19 Emergency Operations Cost Recovery Consulting, increasing the amount by $100,000 for a not to exceed amount of $250,000.
Financial Implications: See report
Contact: Dave White, City Manager's Office, (510) 981-7000

Partnership with East Bay Community Energy to Pursue Solar and Battery Energy Storage Systems on Municipal Facilities
From: City Manager
Recommendation: Adopt a resolution authorizing the City Manager to continue pursuing widespread deployment of solar and battery energy storage systems (battery systems) at critical municipal facilities in partnership with the City's public power provider, East Bay Community Energy (EBCE), and commit to installing these systems through a standard Power Purchase Agreement (PPA) with EBCE should the City determine that the project results in benefits to the City budget and the community.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Contract No. 100692-2 Amendment: Serological Research Institute for DNA Testing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 100692-2 and any necessary future amendments with Serological Research Institute (SERI) for the Berkeley Police Department (BPD), increasing the contract amount by $250,000 for a total not to exceed amount of $1,000,000 and a contract term extension for three additional years, until June 30, 2025.
Financial Implications: State Proposition 172 Fund - $250,000
Contact: Andrew Greenwood, Police, (510) 981-5900

Fiscal Year 2022 Street Lighting Assessments – Initiating Proceedings
From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and ordering the preparation of Engineer’s Reports.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Contract No. 100251-1 Amendment: Restoration Management Company
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 100251-1 (Contract No. 9635B in FUND$) with Restoration Management Company, an on-call remediation services company, to provide emergency services in the event of flooding, sewer backups or other property damage that requires restoration, extending the term to June 30, 2022 and increasing the contract amount by $150,000 for a total not-to-exceed of $250,000.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Appointment of boona cheema and Javonna Blanton to Mental Health Commission
From: Mental Health Commission
Recommendation: Adopt a Resolution appointing: boona cheema as a representative of the Special Public Interest Category (consumer), to complete her second 3- year term beginning March 24, 2021 and ending March 23, 2024; and Javonna Blanton as a representative of the Special Public Interest Category (family), to complete her first 3-year term beginning March 24, 2021 and ending March 23, 2024.
Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Authorization for Additional Public Works Commission Meeting in 2021
From: Public Works Commission
Recommendation: Adopt a Resolution authorizing one additional meeting of the Public Works Commission in 2021.
Financial Implications: None
Contact: Joe Enke, Commission Secretary, (510) 981-6300

Council Consent Items

2021 Alameda County Redistricting Process
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution calling on the Alameda County Board of Supervisors to allocate adequate resources and direct the creation of policies to ensure an equitable, inclusive and transparent process for the 2021 Alameda County redistricting process.
Financial Implications: None.
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Establish a Parking Benefits District (PBD) in the Adeline Corridor and Fiscal Year 2022 Budget Referral
Revised material (Supp 1)
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Refer to the City Manager to establish a Parking Benefits District (PBD) in the Adeline Corridor to finance and support neighborhood improvements--such as landscaping, lighting, cleaning, pedestrian and transit infrastructure, and more--in South Berkeley and refer to the Fiscal Year 2022 budget process $50,000 for city staff to hire and manage a consultant to assist in the formation and establishment of the PBD.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

10.

Proclamation in Honor of Holocaust Remembrance Day
From: Councilmember Wengraf (Author)
Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the 18th Annual Holocaust Remembrance Day program to be held virtually Thursday, April 8th from 2:00 – 3:00 PM.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

11.

Support for AB 286: Food Delivery Platform Fees and Commissions
From: Councilmember Robinson (Author), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Lorena Gonzalez, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 286, which would establish equitable standards in the food delivery industry by capping service fees, requiring food delivery platforms to provide accurate transaction breakdowns, and prohibiting the collection of delivery driver tips by the delivery company.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

12.

Support for AB 314: Legislature Employer-Employee Relations Act
From: Councilmember Robinson (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Lorena Gonzalez, Assemblymember Buffy Wicks, and Senator Nancy Skinner in support of Assembly Bill 314, which would grant all employees of the California State Legislature the right to unionize and otherwise collectively bargain for improved wages and working conditions.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

13.

Support for AB 328: Reentry Housing Program
From: Councilmember Robinson (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Send a letter to Assemblymember David Chiu, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 328, which would allow those with recent histories of incarceration to remain stably housed and exit homelessness through grants for evidence-based housing and housing-based services interventions.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

14.

Support for AB 1400: Guaranteed Health Care for All
From: Councilmember Robinson (Author), Councilmember Taplin (Co-Sponsor)
Recommendation: Adopt a resolution in support of Assembly Bill 1400, which would establish the California Guaranteed Health Care for All Act and create CalCare, a single-payer health insurance program for all California residents that is comprehensive, uniform, equitable and governed by the CalCare board.
Financial Implications: None.
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. 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 – Public Hearings

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.

Updated Fees for the Building Emissions Savings Ordinance
Presentation
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending the Planning Department fee schedule (Resolution No. 67,985-N.S.) by updating the administrative fees charged to building owners filing for a Time of Listing Deferral under the Building Emissions Saving Ordinance (BESO), and creating an administrative late fee.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

16.

ZAB Appeal: 1200 San Pablo Avenue, Use Permit #ZP2019-0192
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2019-0192 to demolish three existing commercial buildings and construct a six-story, mixed-use building with 104 dwelling units (including nine Very Low Income units), a 3,119-square-foot restaurant, 4,343 square feet of usable open space, and 55 ground-level parking spaces, and dismiss the appeal.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar

17.

Objective Standards Recommendations for Density, Design and Shadows
Supplemental material (Supp 3)
From: Joint Subcommittee for the Implementation of State Housing Laws
Recommendation: Refer to the Planning Commission and Design Review Committee to review the recommendations from the Joint Subcommittee for the Implementation of State Housing Laws (JSISHL) for objective standards for density, design and shadows and draft Zoning Ordinance amendments for City Council consideration.
Financial Implications: See report
Contact: Alene Pearson, Commission Secretary, (510) 981-7400

18.

Partnership for the Bay’s Future and Current Anti-Displacement Initiatives (Continued from February 23, 2021)
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

Information Reports

19.

Children, Youth and Recreation Commission FY2021 Work Plan
From: Children, Youth, and Recreation Commission
Contact: Stephanie Chu, Commission Secretary, (510) 981-6700

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 March 11, 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.

Zoning Revisions

18 similarly worded form letters
Evan Green
Barbara Fisher
Paul Eldridge
Dawn Thomas
Chris Rosen
Adrien Couton
Hal Aronson
Brian Mcarthy
Deborah Thompson
Sloan Morgan
Shelley Golomb
Gilbert Ferrey
Dan Newman
Bill Bogert
Rhonda Grossman and Bernardo Lopez
Phyllis Steiber
Cathy Fogel
Jamie Keller
Garet O’Keefe
Tammy Stellanova
Bruce Brody
Rachel Bradley
John Blaustein and Terry Alexander
Jordan Burns
Lauren and David Moore
Vicki Piovia
Barryett Enge
Jim Haydel
Laverda Allen
Robin Kibby and Brian Donaldson
Vicki Sommer
Sharon Entwistle
Lucinda Olney
Gary Dahl
Anandamayi Arnold
Stephen Sperber and Roberta Silverstein
Eli Gilad
Elizabeth Stoller
Ewald Detjens
Tara Arnold
Chris McKee
Rocky Nevin
Alison Lingo
Kori Kody
Nancy Lemon and Blaine Devine
Claudia Koch
Susie Medak
Victoria deMara
Nicole Chabot
Diana Campoamor
Joe Van Steen
Gregory Murphy
David Spinner
Tom Bellfort
Elaine Chan
Robin Hollenberg
Darrell Owens
Helen Stroud
Henry DeNero (2)
John Rice
Dennis Mulqueeney
Barbara Freemen
Diana Bohn (2)
Jeff Robinson
Paula Morgan
Dolph and Carla Rempp
Ken Krich
Ellen Lumpkin
Judith Daar
Lee Ann Weber
Leah and John Rosenthal
Sue Jones
Janet Hurley
Jill Miller
Paul Newacheck
Mary Spence
Gail Machlis
Marissa Moss
Wendy Ruebman
Joan Garvin
Victoria Kahn
Carol Curtis
Allen Romano and Linda Shapiro
Paul Schwartz
Peggy Mendelson
Andrea Cassidy
Deb Shell
Mona Halaby
Alan Shindel
Greysonne Coomes
Judy Babelaar
Cynthia Larson
Bob Flasher
Gareth Ellis
Meryl Siegal
Helene Silverberg
Kerstin Fischer
Gabriela Kipnis
John Vinopal
Michael Scott
George Porter
Amber Turley
Issy Kipnis
William Pottinger
David Thill
Sara Pederson
Carol Hirth
Steve Taylor
Kevin Ching and Xiaoyan Wang
Paola Laverde (2)
Jeff Shuttleworth
Sara Baughn
Pesha Dina
Emily Newman
Brad Smith
Cecilia Gaerlan
Julia Cato
John Selawsky
Brian Gilbane
Marian Wolfe
Richard Boubelik
Rocky Offner
Karen Sharpe
Susan Pownall
Sandra Weber
Daniel Rapaport
Igor Tregub
Jim Haydel
Carol Franger
Carole Cool
Nick Shere
Alexis Berger
Aimee Baldwin
Phyllis Olin
Leah Levy
Suzette Trigger
Daniel Ng
Lisa Goodman
Christine Cosgrove
Lia Dun
Barbara Gilbert
Harald Leventhal
Gertrude Weil
Steven Segal
Roberto Campoamor
T.M. Scruggs and Laura Graham
Susan Nunes
Naomi Pearce
Jana Olson
Nina Torcoletti
Anirvan Chatterjee
Marissa Saenger
Enid Camps
David Finn
Virginia Logan
Robert Dering
Hilary Roberts
Mati Teiblum
Penny Barron
Martine Kraus
David Brandon
Harry Delmer
Karen Weil
Deborah Gouailhardou
Christine Rosen
Kathy Freistadt
Katherine Hansen
Eric Broque
Kenneth Gross
Irene Rosenthal
Mary Lee Noonan
Svetlana Livdan
Jean-Luc Szpakowski
Elizabeth Powell
John Hitchen
Noreen Axelson
Melissa Short
Joan Hart
Jim Haydel
Kate Brosgart Moore
Margaret Booth
Paul Hainsworth
Alison Lingo
Jim Larkins
Penny Brogden
Negeene Mosaed and Mari Mendonca
Sara Gray
Gloria Pass
Charlotte DeVito
Leah Haygood
Karen Harrington
Joe Van Steen
Lynn Glaser
Nancy Klein
Ann May
Daniel Marcus
Connor Jackson
Erin Paulos
Paul Casperson
Livable California

School Reopening

David Jacobowitz
Nora Isaacs (2)

Ohlone Park

L.A. Wood

Tenant Protection Pitfalls

Alison Horton

Berkeley Police Controlled Equipment

Lindsey Stratton
Wendy Alfsen

Climate Change

Karen Harrington
Thomas Lord (3)

COVID-19 Related

City of Berkeley COVID-19 Information Services
Janice Schroeder

Black History Month

Moni Law
Russbumper

East Bay Community Energy

East Bay Community Energy

Blockchain

Thomas Lord

Sewer Construction

Dona Bretherick

Horse Fatalities at Golden Gate Fields

Heather Wilson

Smoking Pot on the Sidewalks

Steven Schuyler

Fair and Impartial Policing

David Lerman
Steven Schuyler
Nicole Orestano

North Berkeley BART Housing

Ly Vo and Family
Anne-Lise Francois

Needy Food Delivery and Resource Distribution

Antonio Mendieta, on behalf of Comida For Families

Berkeley Schools

Kate Brosgart

TOPA/Affordable Housing Overlay/Housing as a Human Right

10 similarly worded form letters
Alfred Twu
Sean McMahon
Igor Tregub
Thomas Lord

Henoko Resolution

Diana Bohn

Earmarks in the Federal Infrastructure Bill

Dan Smuts

Homelessness

Dereka Bennett

Chief Greenwood and the Berkeley Police Department

Barbara Gilbert
Racism and Criminal Justice Reform Group

Berkeley’s Asphalt Plant

Igor Tregub, on behalf of the Sierra Club

COVID-19 Business Grant

Devvin Purnell, on behalf of Mizz Ada’s Daycare

URL’s Only

Vivian Warkentin (3)
Thomas Lord
Russbumper (10)

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.