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General Information
General Information

Regular Meeting eAgenda
June 16, 2020
                                                                                                         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.

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

 REVISED AGENDA 

(ADDED CONTINUED ITEMS FROM JUNE 9, 2019)

BERKELEY CITY COUNCIL MEETING 

Tuesday, June 16, 2020 

6:00 P.M.

 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

 

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/81458990553.  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 and enter Meeting ID: 814 5899 0553. 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.

  1. Adjourn in memory of all the victims of the COVID-19 pandemic

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.” 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 - Outdoor Commerce (to be accepted at meeting)
Urgency Item - Modification of 1956 Maintenance Agreement (to be accepted at meeting)
Urgency Item - Business Continuity Grant Program Funding (to be accepted at meeting)
Urgency Item - Analysis of Police Contractual and Legal Barriers (to be accepted at meeting)
Urgency Item - Progressive Police Academy (to be accepted at meeting)

Consent Calendar

 

1.

Lease for 235 University Avenue – YOONACO, Inc. dba Hana Japan 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,703-N.S. authorizing the City Manager to execute a lease agreement and necessary amendments with YOONACO, Inc., doing business as Hana Japan Steak and Seafood, at 235 University Avenue at the Berkeley Marina for a term of five years, with a five year tenant-option. 
First Reading Vote: All Ayes.  
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

2.

Amendment and Assignment of Capital Contribution Agreement: 200 Marina Blvd, LLC for the Doubletree Hotel 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,705-N.S. approving an Amendment and Assignment of the City’s Capital Contribution Agreement with 200 Marina Boulevard, Berkeley, LLC (200 Marina LLC) for the Doubletree Hotel, which would assign the agreement by 200 Marina LLC to its parent company, Apollo Bright, LLC (Apollo LLC), and change the payment schedule for the capital contribution from $3M due in June 2020 to $375,000 due in October 2020 and $2,675,000 due upon Council approval of the Marina streets construction contract, estimated to be in January 2021. Apollo LLC’s obligation to make the two capital contribution payments totaling $3 million will be backed by an irrevocable standby letter of credit, which will be provided to the City upon execution of the amendment and assignment.  
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

3.

City Council Rules of Procedure and Order Revisions 
From: City Manager 
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to add temporary rules for the conduct of meetings during the COVID-19 declared emergency; add rules for the submission of late items pursuant to Government Code Section 54954.2(b); and rescinding any preceding amendatory resolutions. 
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-600

 

4.

Appointment of Director of Public Works 
From: City Manager 
Recommendation: Adopt a Resolution confirming the appointment of Liam Garland as the Director of the Public Works Department to be effective July 13, 2020, at an annual salary of $205,000. 
Financial Implications: See report 
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

 

5.

Urgency Ordinance Declaring a Local Fiscal Emergency In Response to the Novel Coronavirus (COVID-19) Pandemic 
From: City Manager 
Recommendation: Adopt an Urgency Ordinance declaring a fiscal emergency in response to the COVID-19 pandemic as required by Council policy to be able to access the General Fund Stability Reserve to cover deficits. 
Financial Implications: See report 
Contact: Dave White, City Manager’s Office, (510) 981-7000

 

6.

 Amendment to Contract No. 108410-1: Paw Fund for Spay and Neuter Services
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108410-1 with Paw Fund allocating $11,906 to provide no cost spay and neuter surgeries to eligible pet owners for FY 2021, with a total contract amount not to exceed $107,154.  
Financial Implications: See report 
Contact: Erin Steffen, City Manager's Office, (510) 981-7000

 

7.

Assessments: Berkeley Tourism Business Improvement District 
From: City Manager 
Recommendation: Adopt a Resolution approving the Annual Report of FY20 and preliminary budget for FY21 for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

 

8.

Temporary Appropriations FY 2021 
From: City Manager 
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2020, until the effective date of the FY 2021 Annual Appropriations Ordinance.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

9.

FY 2021 Tax Rate: Fund Disaster Fire Protection (Measure Q) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

10.

FY 2021 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0070%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

11.

FY 2021 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0160%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

12.

FY 2021 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0140%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

13.

FY 2021 Special Tax Rate: Fund the Provision of Library Services 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the provision of Library Services in the City of Berkeley at the FY 2020 tax rate adopted by Ordinance No. 7,665-N.S. on June 11, 2019 at $0.2272 (22.72 cents) per square foot for dwelling units and $0.3435 (34.35 cents) per square foot for industrial, commercial, and institutional buildings.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300; Elliot Warren, Library, (510) 981-6100

 

14.

FY 2021 Tax Rate: Business License Tax on Large Non-Profits 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for Business License Tax on large non-profits at $0.6659 (66.59 cents) per square foot of improvements.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

15.

FY 2021 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0090%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

16.

FY 2021 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0080%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

17.

FY 2021 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1793 (17.93 cents) per square foot of improvements. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

18.

FY 2021 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the provision of emergency services for the disabled at $0.01699 (1.699 cents) per square foot of improvements.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

19.

FY 2021 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0397 (3.97 cents) per square foot of improvements.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

20.

Contract No. 31900043 Amendment: Kings View for Mental Health Reporting Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900043 with Kings View to provide mental health reporting services through June 30, 2022, in an amount not to exceed $106,428.  
Financial Implications: See report 
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

 

21.

Authorize the City Manager to Submit LEAP Planning Grants Program Application 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application for the state Local Early Action Planning (LEAP) grant program in the amount of $500,000, and to execute documents or amendments once the grant is awarded.  
Financial Implications: See report 
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

 

22.

Contract No. 8219C Amendment: Ecology Center, Inc. for Residential Curbside Recycling Collection 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend and extend Ecology Center, Inc.’s Contract No. 8219C and increase the current Contract to include: $210,090 for the purchase of 1600 new recycling carts, and $3,850,384 to fund one (1) additional year of residential curbside recycling collection services.  With the Amendment increase of $4,060,474, the Contract’s not to exceed amount is $39,643,153 and will extend the Contract term for one year (1) year from July 1, 2020 through June 30, 2021. 
Financial Implications: Zero Waste Fund - $4,060,474 
Contact: Phillip Harrington, Public Works, (510) 981-6300

 

23.

Referral to the FY 21 Budget Process: Housing Retention Program and Basic Needs Fund 
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation:  
1. Refer to the Fiscal Year 2021 Budget Process, up to $1,000,000 of General Fund revenues (depending on need and available revenues) derived from Measure U1 tax receipts to replenish funding for the Housing Retention Program that will be exhausted due to significant demand resulting from housing security faced by residents during the COVID-19 pandemic; and 
2. Direct the City Manager to identify resources to develop a Basic Needs Fund to support undocumented Berkeley residents who are ineligible for other forms of assistance, including assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and pandemic unemployment benefits, because of their immigration status, and refer an amount up to $250,000 to the FY 21 Budget Process. 
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

24.

Lessons Learned in Organizational Management During Crisis 
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor) 
Recommendation: Refer to the City Manager to include insights and reflections on organizational management in any comprehensive report regarding the City response to the COVID-19 Emergency.  Information should include but not limited to: an overview of how the City was structured and functioned differently during activation of the Emergency Operations Center, the benefits and challenges with cross departmental collaborations, and strategies or structures worth instituting and incorporating into future day-to-day departmental actions and interactions.  
Financial Implications: Staff time 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

25.

Supporting the United States and Cuba Collaboration in Fighting COVID-19 
From: Councilmember Davila (Author), Councilmember Harrison (Co-Sponsor) 
Recommendation:  
1. Adopt a Resolution supporting the United States and Cuba collaboration in fighting COVID-19; and   
2. Send copies of this resolution to United States Senators Dianne Feinstein and Kamala Harris and United States Congresswoman Barbara Lee.  
Financial Implications: None 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120


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. 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, 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. 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.

 

26.

Re-Establishment of the North Shattuck Business Improvement District 
From: City Manager 
Recommendation: 
1. Conduct a public hearing on the re-establishment of the North Shattuck Business Improvement District (NSBID or “the District”). 
2. Upon conclusion if no majority protest exists after tabulation of assessment ballots, adopt two Resolutions: 
a. Re-establishing the NSBID for the ten-year period beginning July 1, 2020 and ending June 30, 2030, and levying assessments on properties within the District for fiscal year 2021. 
b. Authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association (NSA or “the Association”) not to exceed $2,652,778 of NSBID funds to support the North Shattuck area for the period July 1, 2020 to June 30, 2030 (FYs 21-30), through the expiration of the NSBID.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

 

27.

Levy and Collection of FY 2021 Street Lighting Assessments 
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion adopt two Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2021.  
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, (510) 981-6300

 

28.

Implement Residential Preferential Parking (RPP) Program on the 2900 Block of Lorina Street and the 3100 Block of Deakin Street 
From: City Manager 
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25J and Section 25M by adding a subsection to implement Residential Preferential Parking (RPP) on the east side of the 2900 block of Lorina Street in RPP Area N and both sides of the 3100 block of Deakin Street in Area M.  
Financial Implications: See report 
Contact: Phillip Harrington, Public Works, (510) 981-6300

 

 

29.

ZAB Appeal: 2650 Telegraph Avenue, Use Permit #ZP2019-0070 - Part 1
ZAB Appeal: 2650 Telegraph Avenue, Use Permit #ZP2019-0070 - Part 2
Administrative Record
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 #ZP2019-0070 to demolish an existing commercial building and construct a five-story, 34,249 square-foot mixed-use building with 45 residential units (including four Very Low-Income units), 1,290 square feet of commercial space, 4,051 square feet of usable open space, 50 bicycle parking spaces and 20 vehicular parking spaces, and dismiss the appeal. 
Financial Implications: 
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

 
Action Calendar - Continued Business
 

A.

 Changes to the Berkeley Municipal Code and City of Berkeley Policies with Respect to Local Emergency Declarations and First Amendment Curfews (Continued from June 9, 2020) 
From: Councilmember Hahn (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Mayor Arreguin (Co-Sponsor) 
Recommendation:  
1. Direct the City Manager to return to the City Council for adoption amendments to the Berkeley Municipal Code and/or policies to approve that clarify and codify the following with respect to the declaration of a Local Emergency: 
a. A Local Emergency can only be declared by the Director of Emergency Services if a regular or special meeting and session of the City Council cannot be called due to physical impossibility of holding a meeting, because a quorum cannot be established, or because the urgency of the Local Emergency is such that waiting 24 hours for the City Council to convene a session and/or Special Meeting would endanger the community;
b. Should the Director declare a Local Emergency without action of the City Council (due to one of the reasons stated at (a), above), Council ratification of such action occurs at the first possible opportunity, even if it requires calling a Special Meeting and/or session of the Council; and 
c. The applicable statutory and legal standards (Federal, State and Local) for calling a Local Emergency shall be presented to the City Council when seeking declaration or ratification of a Local Emergency, along with facts to support meeting those standards, so that the City Council, likely acting under rushed and exigent circumstances, is able to make a carefully considered and fact-based determination that declaration of such Local Emergency conforms with the legal standards and is supported by facts. 
2. Direct the City Manager to return to the City Council for adoption amendments to the Berkeley Municipal Code and/or policies to approve that clarify and codify policies, terms and procedures for the order, scope, terms, duration, and all other elements and conditions of curfews called in response to, or likely to have the effect of limiting or banning, planned, expected or reasonably foreseeable first amendment activity, including rallys, marches, demonstrations and assemblies of all kinds (“First Amendment Curfews”),as enumerated (1-8) under the “Background” section of this item, below. 
3. Advise the City Manager and/or Director of Emergency Services that approval of this item represents the will and direction of the City Council with respect to declarations of Local Emergencies and imposition of First Amendment Curfews, and should the occasion to declare a Local Emergency or impose a First Amendment curfew arise prior to formal Council adoption of the requested amendments and policies, the City Manager and/or Director of Emergency Services shall, to the greatest extent possible under existing law, strive to encompass actionable elements, and meet spirit, of this item. 
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

 

 

 

 

B.

 Presentation and Discussion of Community Survey Results and Direction About Next Steps for Possible Ballot Measure Development (Item Contains Supplemental Material) (Continued from June 9, 2020) 
From: City Manager 
Recommendation: Discuss results of the community survey and provide direction to the City Manager about the drafting of possible measures for inclusion on the November 2020 ballot. 
Financial Implications: See report 
Contact: David White, City Manager's Office, 981-7000

         

C.

Placing Charter Amendment Measure on the November 3, 2020 Ballot Related to Full-Time Status and Salaries for the Mayor and Councilmembers (Continued from June 9, 2020) 
From: City Manager 
Recommendation:  
1. Adopt a Resolution submitting an Amendment to Article V of the City Charter regarding the full-time status and salaries for the Mayor and City Council to a vote of the electors at the November 3, 2020 General Municipal Election. 
2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

D.

Recommendation to Prepare a City Ballot Measure to Create a Climate Action Fund, in Response to the Fossil Fuel Free Berkeley Referral (Continued from June 9, 2020) 
Supplemental Material (Supp 3)
From: Energy Commission 
Recommendation: The Commission recommends that the City Council develop a referendum and seek approval for it on the 2020 ballot to create a Climate Action Fund, which would support actions to achieve the Berkeley Climate Action Plan, to become Fossil Fuel free, and to respond to the Climate Emergency.  
Financial Implications: See report. 
Contact: Billi Romain, Commission Secretary, (510) 981-7400

E.

Proposed Amendment to Berkeley’s Minimum Wage Ordinance: Berkeley Municipal Code Chapter 13.99 (Continued from June 9, 2020) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.99, revising Section 13.99.040 to reinstate the exemption for youth job training programs, and freezing the youth wages at $14.50 per hour for FY21, then increase the wage annually according to the Consumer Price Index as will occur with the Berkeley Minimum wage.  
Financial Implications: See report 
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

 

Action Calendar – New Business

 

30.

Placing Charter Amendment Measure on the November 3, 2020 Ballot to Repeal the Residency Requirement for Sworn Members of the Berkeley Fire Department 
From: City Manager 
Recommendation:  
1. Adopt a Resolution submitting an Amendment to Article VII of the City Charter regarding the residency requirement for sworn members of the Fire Department to a vote of the electors at the November 3, 2020 General Municipal Election. 
2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, (510) 981-6900

31.

Contract: CycloMedia Technology, Inc. for Geographic Information System Infrastructure Asset Data Acquisition (Continued from May 26, 2020) 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with CycloMedia Technology Incorporated for Geographic Information System infrastructure asset data acquisition, for an amount not to exceed $187,401 for the period commencing on May 15, 2020 to June 30, 2022. 
Financial Implications: Various Funds - $187,401 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

 

 

Public Comment – Items Not Listed on the Agenda

Adjournment

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

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

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil

COMMUNICATION ACCESS INFORMATION:

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Captioning services are provided at the meeting, on B-TV, and on the Internet.

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

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 4, 2020.

 

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.

Rent Control Exemptions for ADU/Eviction Good Cause Ordinance

  1. John Caner
  2. Shawn Fritz
  3. Gail Martin
  4. Anne Whyte (2)
  5. Judy Hunt
  6. Judy MacLean
  7. Evelina Nava, on behalf of the East Bay Community Law Center
  8. Aashan Avachat
  9. Mark Yarn
  10. Nicola Bourne
  11. Erik Dreher
  12. Alfred Twu, on behalf of California Renters Caucus
  13. Laverde Paola
  14. Deborah Malbec
  15. Judi Sui
  16. Erik Dreher
  17. 14 similarly worded form letters

  

Covid-19 – General

  1. David Lerman (6)
  2. Jane Scantlebury
  3. Becky O’Malley
  4. Marc Bodian
  5. Thomas Lord (2)
  6. Chimey Lee
  7. Dorothea Dorenz
  8. Bryce Nesbitt
  9. Barbara Gilbert
  10. Danielle Hall

   

George Floyd/PRC/Police

  1. George Lippman (2)
  2. Erica Etelson
  3. Kitty Calavita
  4. Tom Luce
  5. Dee Williams-Ridley, City Manager
  6. Margy Wilkinson
  7. Jesse Arreguin, Mayor
  8. Maris Arnold
  9. Tess Clabby
  10. Nellie Graham

   

Trump=Nazi Graffiti

  1. Rabbi Adam and Elena Naftalin-Kelman (2)
  2. Councilmember Wengraf

   

Seismic Retrofits Fee Waivers

  1. Bryce Nesbitt

   

5G

  1. Jose Arau
  2. Max Ventura
  3. Rachel Pachiva

   

African American Holistic Resource Center

  1. Mansour Id-Deen

   

Harriet Tubman Terrace

  1. Darinxoso Oyamasela

   

Habitot Children’s Museum

  1. Gina Moreland, Executive Director

   

ADA

  1. Jenny Miller (3)
  2. Dominika Bednarska, Disability Specialist for the City of Berkeley (2)

   

Sewer Service Fees

  1. Henry Oyekanmi, Finance Director for the City of Berkeley

   

Public Comment for Agenda Meeting

  1. Carole Marasovic

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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