City Council Regular Meeting eAgenda April 20, 2021
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, April 20, 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 |
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.
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/84640742374. 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: 846 4074 2374. 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 |
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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.
Recess Items
1. |
Addition of Subcontractors to Robert E. Boyer Construction, Inc. Contract No. 32000230 |
2. |
Increase of Authorized Funding: Contact No. 8051 for Police Department Substation, 841 Folger Street/3000 Seventh Street |
3. |
Police Accountability Board – Ordinance Amendment for Leaves of Absence and Alternate Commissioner; Amending BMC Chapter 3.02 |
4. |
Measure T1 Loan |
5. |
Minutes for Approval |
6. |
Contract No. 9236 Amendment: Freitas Landscaping and Maintenance for Landscaping Services |
7. |
Contract No. 105938-1 Amendment: Koefran Industries for Animal Disposal Services |
8. |
Contract No. 32100053 Amendment: Orsolya Kuti, DVM for services at the Dona Spring Animal Shelter |
9. |
Contract No. 32100022 Amendment: Michael Arcega for San Pablo Park Measure T1 Public Art Commission |
10. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 20, 2021 |
11. |
Predevelopment Funding Recommendations: 2024 Ashby Avenue and 1708 Harmon Street |
12. |
Revenue Contract: Alameda County Behavioral Health Care Services |
13. |
Shelter Plus Care Program Renewal Grants |
14. |
Contract No. 32000082 Amendment: Mar Con Builders, Inc. for Live Oak Community Center Seismic Upgrade Project |
15. |
Contract No. 32000274 Amendment: Suarez and Munoz Construction, Inc. for San Pablo Park Playground and Tennis Court Renovation Project |
16. |
Contract: ERA Construction Inc. for King School Park Play Area Renovation Project |
17. |
Contract: O.C. Jones & Sons, Inc. for the Berkeley Marina Roadway Improvements Project: University Avenue (West Frontage Road to Marina Boulevard), Marina Boulevard, and Spinnaker Way Project |
18. |
Grant Application: California Proposition 68 Statewide Parks Program for New Park Development at Selected Santa Fe Right-of-Way Parcels |
19. |
Recommendation to Incorporate Hate Crimes Against Persons with Homeless Status in Improving Hate Crime Reporting and Response |
20. |
Measure O Notice of Funding Availability (NOFA) for BUSD-Sponsored Educator Housing |
21. |
Contract No. 9369 Amendment: Badawi & Associates, Certified Public Accountants for Professional Auditing Services |
22. |
Budget Referral: Remediation Plan for Lawn Bowling Green and North Bowling Green |
23. |
Support for AB 1401: Parking Reform |
24. |
Support for SB-519: Controlled Substances |
25. |
Urge the AC Transit Board of Directors to Restore the 80-Ashby/Sixth Street Bus Line |
26. |
Letter in Support of AB 816 “State and Local Agencies: Homelessness Plan" |
27. |
Letter of Opposition to the Federal Aviation Administration’s Proposal to Shift the WNDSR Commercial Airliner Flight Corridor Directly Over Residential Neighborhoods in Berkeley, Richmond, El Cerrito, and Albany Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 |
28. |
Resolution in Support of Senate Bill 271, the Sheriff Democracy and Diversity Act, to Allow for More Diverse and Democratic Sheriff Elections |
29. |
Support for AB 1199: Homes for Families and Corporate Monopoly Transparency Excise Tax |
30. |
Budget Referral: Solano Avenue Revitalization Plan |
31. |
Personal Liability Protection for Small Businesses Impacted by COVID-19 |
32. |
Support for AB 455: Bay Bridge Transit-Only Lane |
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. |
33. |
City Council Rules of Procedure and Order Revisions |
Council Action Items |
34. |
Requesting the California State Legislature to introduce actions to value human life and to condemn racial injustice and police brutality |
35. |
Referral to the Planning Commission to Establish a Zoning Overlay at the Pacific Steel Casting Property |
36. |
***Removed from Agenda by Councilmember Taplin*** Local Parks Option for the Percentage for Public Art on Private Projects |
37. |
Refer to the City Manager to Prioritize Municipal Fleet Modal Shift to Electric Bicycles and Other Forms of Zero-Emissions Mobility Where Feasible |
38. |
Civic Arts Commission Annual Work Plan 2021 |
39. |
Community Health Commission 2021 Work Plan |
40. |
Disaster and Fire Safety Commission Work Plan 2021 |
41. |
Measure O Bond Oversight Committee Work Plan FY 2021 |
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 April 8, 2021.
Mark Numainville, City Clerk
Communications – April 20, 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.
Transient Occupancy Tax Allocated to the Marina Fund
- Gordon Wozniak
Illegal Encampment at the Telegraph-Channing Mall
- Kirstie Bennett, Jeffrey Goldberg and Chelsea Bennet Whitney, on behalf of the Shops at Telegraph-Channing Mall
Gilman and the I-80 Interchange
- David Lerman
- Carol Crossley, on behalf of the Alameda County Transportation Commission
Hopkins Street Parking
- Merle Weiner
- Carol Hirth
- Jan Austerlitz
- Councilmember Hahn (2)
- Friends of Five Creeks
- Farid Javandel, on behalf of the City of Berkeley
- David Lerman
- Julie Ross
- David Pope
Berkeley Asphalt
- Mike Perlmutter, on behalf of Clean AIR Berkeley (3)
- Melanie McLean, on behalf of the City Manager
5G + Cell Antennas
- Max Ventura (2)
- Gene Herman
- Frances Hillyard
Homelessness
- Kai Horng
- Jamie Greenblatt (2)
- Kristen Barneich
- Kathy Krebs
- Chris Ahoy, on behalf of the Berkeley Rotary Club
Bicycle and Pedestrian Safety
- Ed Reid
- Beatriz Motta
- Aviv Schifrin
- Tom Lent
- Bhima Sheridan
- Sean McLaughlin
- Noah Budnick (2)
- Councilmember Taplin
- Teresa Clarke
- Elise Brewster
- Dana Hymel
- MaryAnn Furda
- David Lerman
- Jeffrey Black
- Katy Love
Robberies near Ellsworth
- Sabina McMurtry
- Kris Muller
- Sally Hughes
- Carol Ness
- Councilmember Robinson
Vaccinations
- Gerald Maxey
- City of Berkeley COVID-19 Information Services
- Bryce Nesbitt
- Linda Franklin
Redistricting
- Dona Bretherick
- Councilmember Taplin
- Mark Numainville, City Clerk
Zoning and Housing
- Avram Gur Arye
- Susan Kirsch
- Diana Bohn
- Livable California
- Christopher Hudson
- Sally Hindman
- Curry Barber
- Linda Maio
- Barbara Gilbert
Green Monday
- Nilang Gor (2)
- Melanie McLean, on behalf of the City of Berkeley
School Reopening’s
- Maxine Skaggs Kennedy
Nuclear Ban Treaty
- Gar Smith
Cal Sailing Considerations for the Berkeley Marina Area Specific Plan (BMASP) Project
- Camille Antinori, on behalf of Cal Sailing
Stop Asian Hate Demonstration
- Jennifer Rose
Cesar Chavez Park Conservancy Grant
- Igor Tregub, on behalf of the Sierra Club Northern Alameda County Group
Marijuana and Tobacco Smoke in Multi-Unit Housing
- Carol Denney
National Crime Victims’ Rights Week Proclamation Request
- Michelle Joya, on behalf of the Alameda County District Attorney’s Office
Milk Condition
- Phil Allen
ZAB Use Permit for 3031 Telegraph Avenue
- Steve Medbery
1900 Fourth Street Fencing
- Stephanie Manning
Climate Emergency
- Thomas Lord
Support Rooftop Solar
- Kathleen Giustino (2)
PRC and Hiring a New Chief of Police
- Katherine Lee, on behalf of the Police Review Commission
Police Violence
- Ris Coto
- Shellie Wharton
Quake Scenario Exercise
- David Peattie
On-Demand Mobile App
- Sandy
BART Housing Development
- 11 similarly-worded form letters (BART Development)
- 37 similarly-worded form letters (North Berkeley BART Development)
- Laura Stevens
- Forest Kaser
- Toni Casal
- Vicki Sommer (3)
- Stephen Sperber and Roberta Silverstein
- Eric Johnson (2)
- Leah Levy
- Chimey Lee
- David Brandon
- Albert Buixade Farre
- Serena Lim and Family
- Mariko Nobori
- Todd Jailer
- Friends of Adeline
- Anna Cederstav
- Tom Athanasiou and Rachel Sommerville
- Janet Byron
- Randy Shaw
- Lee Bishop
- Stephen Dalton
- Robin Henke
- Elie Hassenfeld
- Jenny Johnston
- Nritkaar Dhesi
- David Brandon
URL’s Only
- 11 russbumper
- 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.