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General Information
General Information

Regular Meeting eAgenda
September 24, 2019
                                                                                                          Printer-friendly PDF* agenda  

 

Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.CityofBerkeley.info/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note:

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC 

  • These documents are presented in Adobe Acrobat PDF*, and will open in a new browser window. Some files may exceed 1MB in size. All items are available for review at the City Clerk Department, (510) 981-6900.

*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@CityofBerkeley.info), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

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

AGENDA 

BERKELEY CITY COUNCIL MEETING 

Tuesday, September 24, 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.

  1. Recognition of 50th Anniversary of Berkeley Free Clinic
  2. Recognition of Sandy Bales
  3. Recognition of Emmaline Campbell
  4. Recognition of Indigenous People’s Day
  5. Adjourn in Memory of Sandy Floyd, Berkeley Resident

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

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.

Consent Calendar

Urgency Item: Purchase Agreement with Pierce Manufacturing, Inc. and Contract No. 078804-1 (8068) Amendment: Banc of America Public Capital Corp. for Master Equipment Lease/Purchase Agreement for four Fire Engines and one 107’ Tiller (Ladder Truck) 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to purchase four Pierce Quantum Pumpers and one Pierce Quantum 107’ Tiller by executing: 1. Purchase Agreement with Pierce Manufacturing, Inc. in an amount not to exceed $5,582,101 that includes a contingency amount of $638,479 providing for California sales tax of $457,281, and a pre-pay discount of $181,198; and 2. Increase the Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp. by $4,943,624 (prior to sales tax, equipment only) yielding an amended total NTE amount of $17,200,459 on Contract No. 078804-1 (8068) with financing pursuant to the amendment to be paid over 7 years at an interest rate of 1.75% and a first payment commencing no later than March 30, 2020; and 3. Purchase Order for direct payment of sales tax in an amount not to exceed $457,281. 
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, (510) 981-6300

1.

Agreement with East Bay Regional Park District for Drainage, Slope, and Maintenance Access Easements in Tilden Regional Park 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,675-N.S. authorizing the City Manager to execute an agreement with the East Bay Regional Park District (EBRPD) for Drainage, Slope and Maintenance Access Easements at Tilden Regional Park.  
First Reading Vote: All Ayes.
Financial Implications:
See report 
Contact: Phillip Harrington, Public Works, (510) 981-6300

 

2.

Contract  No. 9900 Amendment: NetFile for Online Campaign Report, Form 700, and Lobbyist Registration Filing and Tracking 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Westcoast Online Information Systems, Inc. dba NetFile, to increase the not-to-exceed amount by $19,200 for a total not-to-exceed amount of $133,200, to pay for regular annual maintenance costs for online campaign report and Form 700 filing and tracking, to add to the capacity of online filers by 350 to allow for the addition of commissioner Form 700 e-filing, and to add the services related to the new lobbyist registration filing system through May 31, 2023.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

3.

Contract: NV5 for Web Content Copywriting Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with NV5 to develop content for the City’s website. The contract would be for a one year period, starting September 25, 2019, for a total contract amount not to exceed $150,000.  
Financial Implications: General Funds - $150,000 
Contact: Matthai Chakko, City Manager's Office, (510) 981-7000

 

4.

IKE Smart City Kiosk Locations, Phase One 
From: City Manager 
Recommendation: Approve the locations for the first phase of deployment of 15 IKE Smart City Kiosks in the Downtown, Telegraph and Lorin commercial districts pursuant to Ordinance No. 7,626-N.S. granting the Franchise Agreement with IKE Smart City, LLC.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

 

5.

Referral Response: Modifications to the Zoning Ordinance to Support Small Businesses 
From: City Manager 
Recommendation: Refer to the Planning Commission modifications to the Zoning Ordinance that are designed to streamline the zoning review process for new or expanding small businesses in Berkeley  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

 

6.

Revisions to the Berkeley Revolving Loan Fund Administrative Plan 
From: City Manager 
Recommendation: Adopt a Resolution approving the revised Administrative Plan for the Berkeley Revolving Loan Fund (RLF).  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

7.

Contract No. 31900273 Amendment: Bay Area Community Services (BACS) to Add Funds for Housing Problem-Solving 
From: City Manager 
Recommendation: Adopt a resolution authorizing the City Manager to execute a contract amendment to add $300,000 to the existing four year (FY20-23) contract with Bay Area Community Services (BACS) for Coordinated Entry System operations, for a revised total contract amount not to exceed $6,880,149. These funds will be used as flexible funding for people experiencing homelessness and presenting at the North County Housing Resource Center. 
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400

 

8.

Operating Funding for Community Housing Development Organizations 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving operating funding in the amount of $28,115 each for FY 2020 for Community Housing Development Organizations (CHDOs) Resources for Community Development and Satellite Affordable Housing Associates; and 2. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.  
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400

 

9.

 Referral Response: Tenant Opportunity to Purchase Act (TOPA) Ordinance (Continued from June 11, 2019) 
From: City Manager 
Contact: Kelly Wallace, Housing and Community Services, 981-5400

 

10.

Settlement Authority of City Manager for Workers’ Compensation Claims 
From: City Manager 
Recommendation: Adopt a Resolution to establish and grant authority to the City Manager to settle workers’ compensation claims up to $75,000 per employee claim. 
Financial Implications: See report 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

11.

Adopt a Resolution Authorizing the City Manager to Provide a Three Percent (3%) Special Class Commercial License Premium to the Solid Waste Supervisor Job Classification  
From: City Manager 
Recommendation: Adopt a Resolution to: (1) Provide Public Employees Union, Local One’s (Local One) a three percent (3%) Special Class Commercial License Premium to the Solid Waste Supervisor Job Class; and, (2) provide the incumbents in the Solid Waste Supervisor classification a three percent differential pay (Add Pay) to maintain internal pay equity.
Financial Implications: See report
Contact: LaTanya Bellow, Human Resources Director, (510) 981-6807

12.

Contract: Ghilotti Construction Company for John Hinkel Park Improvement Project 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for John Hinkel Park Improvement Project, Specification No. 19-11321-C; and 
2. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Ghilotti Construction Company, for the John Hinkel Park Improvement Project at 41 Somerset Avenue, Berkeley, CA 94704, in an amount not to exceed $790,306, which includes a contract amount of $658,588 and a 20% contingency in the amount of $131,718.  
Financial Implications: Measure WW Parks Bond Fund (Fund 345) and Parks Tax Fund (Fund 138) - $790,306 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

13.

 Contract: The Dutra Group for the South Cove ADA Accessible Gangway Project at the Berkeley Marina
From: City Manager
 
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the South Cove ADA Accessible Gangway Project, (Bid Specification No. 19-11340); and 2. Accepting the bid of The Dutra Group as the lowest responsive and responsible bidder on the Project, and authoring the City Manager to execute a contract with The Dutra Group, and any amendments, extensions, or change orders until completion of the Project in accordance with the approved plans and specifications in an amount not to exceed $261,100, and authorizing a 15% contingency of $39,165.
Financial Implications:
See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

14.

 Contract: Mar Con Builders, Inc. for Live Oak Community Center Seismic Upgrade Project
Revised material (Supp 1)
From: City Manager
 
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Live Oak Community Center Seismic Upgrade project, Specification No. 19-11320-C; and 2. Accepting the bid of the lowest responsive and responsible bidder, Mar Con Builders, Inc.; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with Mar Con Builders, Inc., for the Live Oak Community Center Seismic Upgrade project at 1301 Shattuck Avenue, Berkeley, CA 94704, in an amount not to exceed $6,271,635, which includes a contract amount consisting of base bids and three alternates of $5,226,363 and a 20% contingency in the amount of $1,045,272. 
Financial Implications: $6,271,635 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

15.

 Contract: Don Fowler Construction for Berkeley Tuolumne Camp Repairs, Specification 19-11333
From: City Manager
 
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Berkeley Tuolumne Camp Cabin Repairs Project (Specification No. 19-11333); 
2. Accepting the bid of the lowest responsible bidder, Dow Fowler Construction; and 
3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders with Don Fowler Construction until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $228,735, which includes a 15% contingency for unforeseen circumstances. 
Financial Implications: $228,735 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

16.

Grant Application for Technical Assistance to Develop a Proposal for Challenge Grant for Housing Protection and Preservation 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application in the amount of $7,000 to The San Francisco Foundation, in order to receive technical assistance from SEEDs Collaborative to help develop a competitive Partnership for the Bay’s Future Challenge Grant proposal, and to accept grant funds and execute a resulting grant agreement.  
Financial Implications: See report 
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

 

17.

Contract No. 31900106 Amendment: Coastland Civil Engineering for On-Call Civil Engineering Services for the Sanitary Sewer Program 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900106 with Coastland Civil Engineering (Coastland) for On-Call Civil Engineering Services for the Sanitary Sewer Program, increasing the contract by $500,000, for a total amount no to exceed $900,000, and extending the term of the contract from June 30, 2021 to June 30, 2022.  
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, (510) 981-6300

 


18.

Contract No. 10485 Amendment: Fehr & Peers, Inc. for On-Call Transportation Planning Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10485 with Fehr & Peers, Inc. for On-Call Transportation Planning Services, increasing the contract by $225,000, for a total amount not to exceed $725,000.  
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, (510) 981-6300

19.

Support H.R. 2809 – The Improving Access to Nutrition Act of 2019 
From: Mayor Arreguin and Councilmembers Robinson and Bartlett 
Recommendation: Adopt a Resolution in support of H.R. 2809 – The Improving Access to Nutrition Act of 2019. Send a copy of the Resolution to Congressperson Barbara Lee, Senators Dianne Feinstein and Kamala Harris, and President Donald Trump.  
Financial Implications: None 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

20.

United Against Hate Week 2019 
From: Mayor Arreguin, and Councilmembers Wengraf, Harrison, and Bartlett 
Recommendation: Adopt a Resolution approving the D-13 expenditure of $1,000 in an amount not to exceed $250 per Councilmember, to Not in Our Town for United Against Hate Week scheduled for November 17-23, 2019.  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

21.

Clean Air Day 2019 
From: Mayor Arreguin, and Councilmembers Wengraf, Harrison, and Bartlett 
Recommendation: Adopt a Resolution declaring October 2nd, 2019 as Clean Air Day.  
Financial Implications: None 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

22.

Letter in Support of AB 342, Prohibiting the Use of Public Lands for Oil and Gas Production 
From: Councilmembers Davila, Harrison, and Hahn 
Recommendation: Send a Letter to Governor Gavin Newsom In Support of AB 342 by State Assemblymember Al Muratsuchi, prohibiting the State of California from authorizing new construction of oil and gas infrastructure upon public lands and direct the city clerk or designee to send a letter to our state representatives.  
Financial Implications: None 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

23.

Letter in Support of SB 210, Implementing a Comprehensive Heavy Duty Vehicle Inspection and Maintenance Program 
From: Councilmembers Davila, Harrison, and Hahn 
Recommendation: Send a Letter to Governor Gavin Newsom In Support of SB 210 by Senator Connie Leyva, authorizing the California Air Resources Board (CARB) to develop and implement a comprehensive heavy duty vehicle inspection and maintenance program, similar to Smog Check requirements for other vehicles, and direct the city clerk or designee to send a letter to our state representatives.  
Financial Implications: None 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

24.

Pollinators and Habitat 
From: Councilmembers Harrison, Wengraf and Bartlett 
Recommendation: Adopt three referrals that will deepen Berkeley’s commitment to protecting pollinator plants and establishing habitats that will protect pollinators and our environment: 
1. Refer to City Manager to establish a City Liaison to the Bee City USA program. 
2. Refer to Public Works Commission and Parks and Waterfront Commission consideration of how to incorporate pollinators and habitat into the Adopt-A-Spot initiative referred on April 2, 2019. 
3. Refer to the City Manager to transition the City’s medians to non-turf green infrastructure, including pollinator gardens when appropriate.  
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

25.

Naming Berkeley Paths for Women Founders of the Berkeley Path Wanderers Association 
From: Councilmember Hahn, Mayor Arreguin, and Councilmembers Wengraf and Davila 
Recommendation: Pursuant to Berkeley’s Policy for Naming and Renaming Public Facilities, refer to the City Manager and Public Works Commission to consider and return to the City Council a recommendation regarding the naming and renaming of four Berkeley Paths, as identified on the map at Attachment 1, in honor of the four women founders of the Berkeley Path Wanderers:  
(a) Rename a path off of Keith Avenue near Shasta Road, currently named Eleanor Path, to “Eleanor Hall Gibson Path,” after founder Eleanor Hall Gibson, who passed away in 2016;  
(b) Name the following paths, subject to a 2/3 vote of the City Council as provided at Section 2(B) of the Policy, as follows: (i) The extension connector of Walnut Street through the UC complex between Hearst and Berkeley Way to be named “Ruth Armstrong Path” in honor of Ruth Armstrong (Moskovitz); (ii) The path parallel to the top of Solano Avenue running along Los Angeles Avenue up the tunnel slope towards the Marin Circle, to be named “Jacque Ensign Way” in honor of Jacque Ensign; and (iii) The path [TBD] to be named “Pat DeVito Path” in honor of Pat DeVito.  
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

 

26.

 Support for League of California Cities Resolution to CPUC
From: Councilmembers Wengraf, Droste and Harrison, and Mayor Arreguin
 
Recommendation: Adopt a Resolution in support of the League of California Cities’ Resolution to the California Public Utilities Commission (CPUC) requesting that the CPUC amend Rule 20A to allow for the addition of projects in Very High Fire Hazard Severity Zones to the list of eligibility criteria and to increase funding allocations for Rule 20A projects. 
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7120

27.

Support for ACA - 8: Elections: Voter Qualifications 
From: Councilmember Robinson and Mayor Arreguin 
Recommendation: Adopt a resolution supporting ACA - 8, which would lower California’s voting age to 17.  
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

28.

Budget Referral: RFP for a Freestanding Public Restroom Facility 
From: Councilmember Robinson 
Recommendation: Refer to the budget process to set aside up to $100,000 to issue an RFP for a freestanding, 24/7 public restroom facility in the Telegraph Business Improvement District.  
Financial Implications: See report 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

29.

Referral: Telegraph Crosswalk Art Installations 
From: Councilmember Robinson 
Recommendation: Refer to the Civic Arts Commission to develop and return to Council with a plan to: 
1. Create a public contest to design new crosswalk art on Telegraph at the intersections of Bancroft, Durant, Channing, Haste, and Dwight Streets. 
2. Build the winning design on the intersections.  
Financial Implications: See report 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

30.

Russell St. Halloween Celebration: Relinquishment of Council Funds and Sponsorship 
From: Councilmember Droste 
Recommendation: Adopt a Resolution approving the expenditure of an amount up to $870 for the 2019 Russell St. Halloween Celebration with funds relinquished for this purpose from the discretionary Council Office Budget of Councilmember Droste and any other Councilmembers who would like to contribute. The Claremont Elmwood Neighborhood Association is the fiscal sponsor of the event.  
Financial Implications: See report 
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180


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

 

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.

 

31.

ZAB Appeal: 2325 Sixth Street, Use Permit #ZP2017-0146  
Administration Record, Att 4-5, Part 1
Administration Record, Att 4-5, Part 2
Administration Record, Att 4-5, Part 3
Administration Record, Att 4-5, Part 4
Presentation
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 #ZP2017-0146 to alter a 6,000 sq. ft. parcel at 2325 Sixth Street by 1) raising the existing one-story, 1,348 sq. ft. single-family residence with an average height of 12 feet - 7 inches, to create a new, 3,330 sq. ft. two-story duplex, with an average height of 22 feet, 2) increasing the total number of bedrooms on the parcel from three to seven, and 4) constructing a two-story, 472 sq. ft. accessory building with an average height of 19 feet - 3 inches, located 1 foot - 6 inches from the rear and side yard property line to the south, that would consist of a two-car garage on the ground floor and a workshop on the second floor.  
Financial Implications: None 
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

         


 

 

 

32.

Referral Response: Issue a Request for Information to Explore Grant Writing Services from Specialized Municipal Grant-Writing Firms, and Report Back to Council (Continued from May 14, 2019) 
From: City Manager 
Contact: Henry Oyekanmi, Finance, 981-7300

 

Action Calendar – New Business

 

33.

Resolution for the Allowance of 3404 King Street to Operate a Shelter for Homeless Youth 
Supplemental material (Supp 2)
From: City Manager 
Recommendation: Adopt a resolution that: 
1. Authorizes the City Manager to negotiate a lease with Covenant House, for $1 per year, for the purposes of becoming a lessee at 3404 King Street and establishing a public facility open to the homeless at that property.  
2. Authorizes the City Manager to negotiate a management agreement with Covenant House for said facility; and  
3. Authorizes the City Manager to amend Contract No. 31900239 with Covenant House to include the operation of a 12-bed transitional housing program and to increase the not-to-exceed amount of the contract by $357,020 (the amount currently awarded to Fred Finch Youth Center for the Turning Point transitional housing program) to a new total of $1,630,572.  
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400


 

34.

Referral: Develop a Bicycle Lane and Pedestrian Street Improvements Policy 
From: Councilmembers Robinson, Droste, Harrison, and Mayor Arreguin 
Recommendation: Refer to the City Manager to develop a comprehensive ordinance governing a Bicycle Lane and Pedestrian Street Improvements Policy that would:
1.
Require simultaneous implementation of recommendations in the City’s Bicycle and Pedestrian Plans when City streets are repaved, if one or more of the following conditions are met: (a) Bicycle Plan recommendations can be implemented using quick-build strategies that accommodate transit operations. (b) Pedestrian Plan recommendations can be implemented using quick-build strategies that accommodate transit operations. (c) The Bicycle Plan recommends studying protected bike lanes as part of a Complete Street Corridor Study in the Tier 1 Priority list. (d) Improvements are necessary to comply with the Americans with Disabilities Act.
2. Prioritize bikeways and Vision Zero high-fatality, high-collision streets under the five-year Paving Plan by requiring that 50 percent of the repaving budget go towards such streets until they meet a minimum surface standard established with input from the Public Works and Transportation Commissions.
3. Encourage the use of quick builds by expediting quick-build projects under $1 million. (a)“Quick-build” is defined as projects that a) require non-permanent features such as bollards/paint/bus boarding islands, b) make up less than 25 percent of the total repaving cost for that street segment, and c) can be a component of a Complete Street Corridor Study that includes evaluation after installation.
4. Require staff to report progress back to Council every two years.
Furthermore, refer to the City Manager to draft a revised version of the City’s Complete Streets Policy that would clarify that the presence of an existing or planned bikeway parallel to an arterial does not exempt projects along said arterial from bicycle and micromobility improvements under the Policy.
Financial Implications:
Staff time
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

Action Calendar – Old Business

 

35.

Referral Response: Lava Mae Mobile Shower and Hygiene Services (Continued from September 10, 2019) 
From: City Manager 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400


36a.

Health Study to be Conducted by Division of Public Health to Gather Data on Health Conditions, Health Disparities and Mortality Rates of Berkeley's Homeless (Continued from September 10, 2019) 
From: Homeless Commission 
Recommendation: The Homeless Commission recommends that Council direct that the City Division of Public Health conduct a study gathering data on health conditions, health disparities and mortality rates of Berkeley's homeless for the last five years. 
Such recommendation includes compiling information on Berkeley's homeless including persons living in shelters, in vehicles, on the streets, and any other location not intended for human habitation and who move between these settings.  Such study shall include data on specific health conditions and make a comparative analysis between the homeless and Berkeley's general population and shall include demographics such as race, age, gender and known disability.  Such study shall include how long the homeless person has lived on the streets and/or in shelters and attempt to track back the nature of their various residences for five years as is feasible.  
Data for mortality rates among Berkeley's homeless shall also be gathered for the last five years. The mortality rates shall be examined for persons living in shelters, in vehicles, on the streets and any other location not intended for human habitation. The cause of death shall be identified and demographics such as race, age, gender and known disability compiled. Tracking the housing status of the persons, for the last five years, shall be identified as is feasible. If feasible, the length of residence in Berkeley shall be identified. 
A comparative analysis with the general population shall be made.  To the extent feasible and within legal constraints, whether or not the deceased individual was under the care of a medical provider shall be identified. All personal information should be redacted so as to comply with federal, state and local laws. 
Recommendations shall be made to improve the health conditions of the homeless and decrease the mortality rates of homeless persons. Recommendations, within the City Division of Public Health's purview shall be made initially by them and return to Council where further recommendations can be made. Council shall provide the opportunity for the Homeless Commission, any other relevant commission, and the public to weigh in on recommendations following the release of the data/study.  
Financial Implications: See report 
Contact: Peter Radu, Commission Secretary, (510) 981-5400

36b.

Companion Report: Health Study to be Conducted by the Public Health Division to Gather Data on Health Conditions, Health Disparities and Mortality Rates of Berkeley's homeless (Continued from September 10, 2019) 
From: City Manager 
Recommendation: The Homeless Commission’s recommendation to conduct a study on the health conditions, disparities, and mortality rates of Berkeley’s homeless population addresses important issues within the City. Staff greatly appreciate the Commission’s continued advocacy for the unhoused and their suggestions to gather as much relevant information as possible.  Therefore, staff recommend asking Alameda County to explore the feasibility of recording homelessness as a data point in death records and/or making investments to begin tracking this information locally. 
Financial Implications: None 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400

37a.

Utilization of City-Owned Property at 1281 University Avenue to House up to 8- 10 RV Dwellers (Continued from September 10, 2019) 
From: Homeless Commission 
Recommendation: The Homeless Commission recommends that the currently unused City-owned property at 1281 University Avenue be used to house, on an interim basis, up to 8-10 RV dwellers, or as many as the property can safely accommodate, selected by the City of Berkeley. The RV dwellers would be selected by the City of Berkeley based on the strength of their ties to the community such as employment in Berkeley, attending school in Berkeley and families with children in Berkeley schools.  
Financial Implications: See report 
Contact: Peter Radu, Commission Secretary, (510) 981-5400

37b.

Companion Report: Utilization of City-Owned Property at 1281 University Avenue to House up to 8 - 10 RV Dwellers (Continued from September 10, 2019) 
From: City Manager 
Recommendation: Refer to the City Manager to conduct a feasibility analysis of 1281 University Avenue as an interim site to host Recreational Vehicle (RV) dwellers.  
Financial Implications: See report 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400


 


38.

 Repealing and Reenacting BMC Chapter 13.104, Wage Theft Prevention (Continued from September 10, 2019) 
From: Mayor Arreguin and Councilmember Harrison 
Recommendation: Adopt second reading of Ordinance No. 7,668-N.S. repealing and reenacting BMC Chapter 13.104, Wage Theft Prevention to improve enforcement of the ordinance by requiring a signed acknowledgement of ordinance requirements and signed attestation at completion of the project. 
First Reading Vote: All Ayes.  
Financial Implications: Staff time 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Information Reports


 

39.

City Council Short Term Referral Process – Monthly Update 
From: City Manager 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

40.

Deaccession of Berkeley Big People 
From: City Manager 
Contact: Jordan Klein, Economic Development, (510) 981-7530

41.

Pathways STAIR Center: First Year Data Evaluation and Results-Based Accountability Dashboard 
From: City Manager 
Contact: Kelly Wallace, Housing and Community Services, (510) 981-5400

 

42.

2019 Housing Advisory Commission Work Plan 
From: Housing Advisory Commission 
Contact: Mike Uberti, Commission Secretary, (510) 981-7400

 

43.

Planning Commission Workplan 2019-2020 
From: Planning Commission 
Contact: Alene Pearson, Commission Secretary, (510) 981-7400

 

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 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 981-6418 (V) or 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.

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

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 September 12, 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.

Item #4: IKE Smart City Kiosk Locations, Phase One

  1. Andy Kellogg, on behalf of the Lorin Business Association

   

Item #31: ZAB Appeal: 2325 Sixth Street

  1. Jenkins Family, owners of 2325 Sixth Street
  2. Mary Beth Thomsen
  3. Toni Mester
  4. Bacilia Macias Architecture

Item #40: Deaccession of Berkeley Big People

  1. Chuck Cornwall
  2. Matthew Passmore, Chair of the Public Art Subcommittee

  

ZAB Appeal: 0 Euclid – Verizon Cell Tower

  1. Paul Teicholz
  2. Bronwyn Hall
  3. Angelina DeAntonis

   

Youth Spirit Works – Tiny House

  1. Sally Hindman, on behalf of Youth Spirit Artworks

   

Aquatic Park – E Coli

  1. Barbara Gilbert
  2. Eric Friedman

   

Public Safety Cameras

  1. David Lerman

   

ADU Laws

  1. Paul Rubin

   

RV’s

  1. Cymbre Potter
  2. Eric Friedman

   

Opportunity Zone

  1. Barbara Gilbert

   

Berkeley Housing Cooperative Village

  1. Tom Minogue Hastings

5G

  1. Phoebe Anne Sorgen (2)
  2. Stephanie Thomas
  3. 19 form letters

   

City Vehicle Emissions Audit

  1. Dave Margulius

   

Marijuana Use

  1. Lynn Silver, on behalf of the public Health Institute

   

Adeline Plan

  1. South Berkeley Now!

   

Housing for a Diverse, Equitable and Creative Berkeley

  1. Abigail Gutmann-Gonzalez and Keith Brower Brown, on behalf of the East Bay Democratic Socialists of America

   

Berkeley Police Department Bicycle Enforcement Policies

  1. Liza Lutzker, Ben Gerhardstein, Ben Paulos and Robert Prinz, on behalf of Walk Bike Berkeley and Bike East Bay

   

Homelessness

  1. Juli Dickey
  2. Diana Bohn
  3. Erwan Illian

   

Facial Recognition

  1. Diana Bohn
  2. Carol Denney

   

Non-Emergency Berkeley Police Department Phone Line

  1. David Lerman

   

Smoking in Multi-Unit Housing

  1. Carlos Rivas

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.

 

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