City Council Regular Meeting eAgenda October 29, 2019
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, October 29, 2019
6:00 P.M.
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
Jesse Arreguin, Mayor
Councilmembers:
District 1 – Rashi Kesarwani |
District 5 – Sophie Hahn |
District 2 – Cheryl Davila |
District 6 – Susan Wengraf |
District 3 – Ben Bartlett |
District 7 – Rigel Robinson |
District 4 – Kate Harrison |
District 8 – Lori Droste |
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, CMC, City Clerk, 981-6900.
The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. 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.
- Recognition of Joy’s Clothing
- Recognition of Carlos Baron
- Recognition of Domestic Violence Awareness Month
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 by lottery to address matters not on the Council agenda. If five or fewer persons submit speaker cards for the lottery, each person selected will be allotted two minutes each. If more than five persons submit speaker cards for the lottery, 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. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Speaker cards are not required for this second round of public comment on non-agenda matters.
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.” 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.
Urgency Item: Resolution Ratifying and Terminating the Proclamation of Emergency by the Director of Emergency Services Due to PG&E Public Safety Power Shutoff
From: City Manager
Recommendation: Adopt a Resolution Ratifying and Termination the Proclamation of Emergency by the Director of Emergency Services due to the PG&E Public Safety Power Shutoff on October 25, 2019.
1. |
Adopt an Ordinance Amending Berkeley Municipal Code Chapter 2.99 to Prohibit City Use of Face Recognition Technology (Reviewed by the Public Safety Committee) |
2. |
Ban Racial, Ethnic, Cultural, and Religious Discrimination on the Basis of Hairstyle or Headwear (Reviewed by the Health, Life Enrichment, Equity & Community Committee) |
3. |
Minutes for Approval |
4. |
City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee) |
5. |
Revised Conflict of Interest Code |
6. |
Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley |
7. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 29, 2019 |
8. |
Recommendation and Contract: Management Partners for Management Consultancy Services (Reviewed by the Agenda & Rules Committee) |
9. |
Contract No. 103580-1 (9821) Amendment: First Alarm Security & Patrol, Inc., dba First Security Services for Citywide Security Services |
10. |
Contract No. 10874B Amendment: Street Level Advisors for Zoning and Development Fee Feasibility Analyses |
11. |
Contract No. 10742 Amendment: Redwood Toxicology Services for Drug and Alcohol Testing |
12. |
Approval of One Additional Meeting for Children, Youth, and Recreation Commission in Calendar Year 2019 |
13. |
Domestic Violence Response: Berkeley Needs a Comprehensive Policy to Support City Employees |
Council Consent Items |
14. |
Budget Referral: Berkeley Age-Friendly Continuum |
15. |
Extension of the Joint Subcommittee for the Implementation of State Housing Laws |
16. |
Budget Referral: Funding Illegal Dumping Component of “Clean & Livable Commons Initiative” |
17. |
Referral to the Civic Arts Commission to develop a grant program available for arts and cultural organizations to support retaining and improving creative spaces for artists |
18. |
Information on the City’s Existing Code Enforcement Practices for Residential Properties |
19. |
Consider The Homeless Films, Food & Discussion Event on November 5, 2019: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds |
20. |
Letter in Support of HR 1595: Secure And Fair Enforcement Banking Act of 2019 |
21. |
Budget Referral: Allocate $27,000 from the General Fund to Secure Potential Matching State Certified Local Government Landmarks Preservation Grants |
22. |
Amending Chapter 19.34 of the Berkeley Municipal Code to Expand Automatic Gas Shut-Off Valve Requirements in Multifamily, Condominium and Commercial Buildings Undergoing Renovations and to All Existing Buildings Prior to Execution of a Contract for Sale or Close of Escrow (Reviewed by the Facilities, Infrastructure, Technology, Environment & Sustainability Committee) |
23. |
Oversized Vehicle Restrictions on Bicycle Boulevards |
24. |
Budget Referral and Approving Installation of Cameras at Ohlone Park Mural |
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 line up at the podium 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 – Public Hearings |
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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, line up at the podium 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. 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. 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. |
25. |
Renewal of the Elmwood Avenue BID for Calendar Year 2020 |
26. |
Renewal of the Solano Avenue BID for Calendar Year 2020 |
27. |
Amend BMC Chapter 14.52 Adding the North Shattuck Metered Parking Area to the goBerkeley Program |
Action Calendar – Old Business |
28. |
Referral Response: Lava Mae Mobile Shower and Hygiene Services (Continued from October 15, 2019) |
29. |
Repealing and Reenacting BMC Chapter 13.104, Wage Theft Prevention (Continued from October 15, 2019) |
30. |
Referral: Telegraph Shared Streets (Continued from October 15, 2019) |
31. |
Referral: Develop a Bicycle Lane and Pedestrian Street Improvements Policy (Continued from October 15, 2019) |
Action Calendar - New Business |
32. |
Reserving General Funds for Housing Trust Fund Program Predevelopment Applications for 2526 San Pablo Avenue, 2001 Ashby Avenue, and 2321-2323 10th Street and Possible Measure U1 Funding Reservation |
33a. |
Recommendation to Modify Policies Related to the Enforcement of the Berkeley Smoke-Free Multi-Unit Housing Ordinance |
33b. |
Companion Report: Recommendation to Modify Policies Related to the Enforcement of the Berkeley Smoke-Free Multi-Unit Housing Ordinance |
34. |
Proposed Formula Retail (Chain Store) Regulations |
35. |
Referral: Measures to Address Traffic Enforcement and Bicycle Safety |
36. |
City Council Short Term Referral Process – Monthly Update |
37. |
Referral Response: City Property for Affordable Housing and Modular Micro-Unit Buildings |
38. |
LPO NOD: 1440 Hawthorne Terrace/#LMIN2018-0003 |
39. |
LPO NOD: 1450 Hawthorne Terrace/#LMIN2018-0002 |
40. |
LPO NOD: 2018-36 University Avenue/#LMSAP2019-0002 for the UC Theater Building |
41. |
goBerkeley Parking Management Program - Parking Rate and Time Limit Adjustments for New North Shattuck Area for December 1, 2019 |
42. |
Children, Youth and Recreation Commission 2019 Work Plan |
43. |
Civic Arts Commission Fiscal Year 2020 Work Plan |
44. |
Fiscal Year 2020 Commission on Aging Work Plan |
45. |
Berkeley Energy Commission Work Plan for 2019-2020 |
46. |
Report from Sister City Delegation to Gongju, Republic of Korea |
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 or in person 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 http://www.cityofberkeley.info.
Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
and may be read at reference desks at the following locations:
City Clerk Department |
Libraries: |
2180 Milvia Street |
Main - 2090 Kittredge Street |
Tel: 510-981-6900 |
Claremont Branch – 2940 Benvenue |
TDD: 510-981-6903 |
West Branch – 1125 University |
Fax: 510-981-6901 |
North Branch – 1170 The Alameda |
Email: clerk@cityofberkeley.info |
South Branch – 1901 Russell |
COMMUNICATION ACCESS INFORMATION:
This meeting is being held in a wheelchair accessible location.
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.
Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.
Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
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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 17, 2019.
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.
5G Telecom
- Elizabeth Starr
- Vivian Warkentin
- Phoebe Anne Sorgen
RV Parking Under University Avenue
- Berkeley Warehouse (2)
- Stacie Gancayco-Adlao, on behalf of Zen Booth
- Danielle Rose Hacker
- Genevieve Wilson
City Manager Web Page
- David Lerman
Kiwibots
- Therese Fitzpatrick (2)
Acquisition and Use of Surveillance Technology, GPS Tracking, and Biometric Time Clocks Notice of Violation
- Weinberg, Roger & Rosenfeld, on behalf of SEIU Local 1021
Racial Disparities in Homeless Population
- Erica Etelson
Endorse Ratification of U.N. Convention on the Rights of the Child
- Peace and Justice Commission
Downtown Street Construction
- Paul Glusman
Berkeley Low Income Housing
- Linda Franklin (2)
Experience Contesting a Parking Violation
- Tejal Bhamre
Manufactured Housing
- Avram Gur Arye (3)
Encampments/Homelessness
- Eric Friedman
Parking on Narrow City Streets
- Paul Casperson and Marilyn Pollack
Safe Passages Project Pilot
- JoAnn Lorber
Police Review Commission Amendment on the 2020 Ballot
- Ammar Ansari
- Sarah Shehata
- Emma Gobler
- Meghan Schwartz
Berkeley Social Housing
- Hannah Forsberg
PG&E Email Addresses
- Juty Blue
Traffic Circle Trees
- Donna Mickleson
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.