COVID-19 Updates: See cityofberkeley.info/covid19 for news, information, and status of City services.

Everyone is required to stay home, except for essential needs. When out, protect yourself and those around you by wearing a face covering, staying 6 feet away from others, and washing your hands often. Learn more at cityofberkeley.info/covid19. City offices are closed to the public. Some services are available remotely.

The City of Berkeley Health Officer has ordered all residents to shelter at home, leaving only to receive or provide essential services, starting 12:01 am on Tuesday, March 17. See details of the Order, frequently asked questions, and recommendations from Berkeley Public Health at https://www.cityofberkeley.info/coronavirus.

City Council Live Stream: Please visit https://www.cityofberkeley.info/CalendarEventWebcastMain.aspx

ZAB Live Stream: Please visit http://www.cityofberkeley.info/Clerk/Commissions/Zoning_Adjustment_Board_Meeting_-_Video_Stream.aspx.

The City of Berkeley web site is undergoing scheduled maintenance starting on Friday night, September 13 and ending on Saturday afternoon, September 14. During this time, most web pages should be available, but some resources may become unavailable for short periods of time.

Looking for a live stream of the Zoning Adjustments Board (ZAB) meeting on 5/9/19, at 7:00pm? Please visit https://www.youtube.com/channel/UC1UAnZ8kU8EWllREyOY7rwQ/. The normal viewing methods will not work this time due to a concurrent City Council Special Meeting at the same time.

Looking for a live stream of the Zoning Adjustments Board (ZAB) meeting on 2/28/19, from 6:00 to 11:00 PM? Please visit http://www.cityofberkeley.info/Clerk/Commissions/Zoning_Adjustment_Board_Meeting_-_Video_Stream.aspx. The normal viewing methods will not work this time due to a concurrent City Council Special Meeting at the same date and time.

PG&E is reporting a widespread outage affecting thousands of customers in Berkeley and many City buildings, including the Finance Customer Service Center and the Permit Service Center. Call respective City services for further details, or check the PG&E outage page. Power is expected to return by 12:45pm. Traffic lights that are not working should be treated as a four-way stop sign.

311 City Services
  • Online Services
  • For City services in many
  • languages, call
  • 311 or 510-981-2489

Translation Disclaimer

Quick Links

 

General Information
General Information

Regular Meeting eAgenda
July 28, 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 ITEM FROM JULY 23, 2020)

BERKELEY CITY COUNCIL MEETING 

Tuesday, July 28, 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/83653444287.  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: 836 5344 4287. 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. 
Presentation (SMART Roadmap)

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda.  If five or fewer persons wish to speak, each person selected will be allotted two minutes each.  If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.


Consent Calendar

The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move to Action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items.  A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.


 

 

 

 

1.

Adoption of an Ordinance Amending Berkeley Municipal Code Chapter 16.10 (Excavations for Video and Telecommunications Systems) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,726-N.S. amending Berkeley Municipal Code Chapter 16.10 (Excavations for Video and Telecommunications Systems). 
First Reading Vote: Ayes – Kesarwani, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – Davila; Absent – None.
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

 

2.

City Consent to Declaration of Easements Between 2009 Addison and 2015 Addison 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,728-N.S. authorizing the City Manager to give City consent to an amended declaration of easements for safety and access between 2015 Addison Street, which is owned by the Berkeley Repertory Theater, and 2009 Addison Street, owned by the Joint Powers Financing Authority, leased by the City of Berkeley, and subleased to the Berkeley Repertory Theater.  
First Reading Vote: All Ayes. 
Financial Implications: None 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

3.

Resolution Reviewing and Ratifying the Proclamation of Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19) 
From: City Manager 
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020 and June 16, 2020. 
Financial Implications: To be determined 
Contact: Farimah Brown, City Attorney, (510) 981-6950

 

4.

Minutes for Approval 
From: City Manager 
Recommendation: Approve the minutes for the council meetings of June 2, 2020 (closed and regular), June 9, 2020 (special and special), June 16, 2020 (special, special and regular), June 22, 2020 (closed), June 23, 2020 (special), June 24, 2020 (closed) and June 30, 2020 (closed and regular).  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

5.

Establish 2021 City Council Meeting Schedule 
From: City Manager 
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2021, with starting times of 6:00 p.m.  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

6.

Grant to Animal Services from the Avast Foundation 
From: City Manager 
Recommendation: Adopt a Resolution accepting a grant for Animal Services from the Avast Foundation in the amount of $10,000. 
Financial Implications: Animal Services Donation Fund - $10,000 (grant) 
Contact: Erin Steffen, City Manager's Office, (510) 981-7000

 

7.

Grant from the California Arts Council 
From: City Manager 
Recommendation: Adopt a Resolution accepting a $10,500 grant from the California Arts Council for the Berkeley Civic Arts Program to partner with the Berkeley Unified School District (BUSD) and four community arts providers to provide arts programming for BUSD summer sessions.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

 

8.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 28, 2020 
From: City Manager 
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.  
Financial Implications: Various Funds - $8,645,000 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

9.

Contract No. 32000094 Amendment: Youth Spirit Artworks to Provide Transition Age Youth (TAY) Case Management and Linkage Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with vendor Youth Spirit Artworks (YSA) to provide Transition Age Youth (TAY) case management and linkage services through June 30, 2021 in an amount not to exceed $317,000.  This will extend the existing contract by one year and add in $100,000.  
Financial Implications: See report 
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

 

10.

Revenue Grant Agreement: Federal COVID19 Funding Support from the Centers for Disease Control and Prevention for the Epidemiology and Laboratory Capacity CARES Grant 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to Heluna Health, to accept this COVID19 response grant, and to execute any resultant revenue agreements and amendments; which enables us to conduct and implement mitigation strategies in response to COVID19 for the following revenue agreement: Public Health Emergency Preparedness’s COVID-19 Response Program in the projected allocation of $196,965 for FY 2021.  
Financial Implications: See report 
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

 

11.

Operating Funding for Community Housing Development Organizations 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving a multiyear operating funding contract for Resources for Community Development (RCD) and Satellite Affordable Housing Associates (SAHA), starting FY21 and ending FY25; 2. Approving funding in the amount of $50,000 to RCD and $50,000 to SAHA for FY21; 3. Authorizing City Manager or her designee to determine the amount of funding to be awarded to each organization in subsequent years, FY22 to FY25, based on the amount of the City’s annual allocation of Community Housing Development Organization (CHDO) HOME funds and availability of General Fund match; and 4. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.  
Financial Implications: See report 
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

 

12.

California Mental Health Services Authority (CalMHSA) Participation Agreement for the Mental Health Services Act, Innovations, Help@Hand Project 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an agreement with the California Mental Health Services Authority (CalMHSA) to enable the City of Berkeley to participate in the Mental Health Services Act (MHSA) Innovations (INN) Help@Hand multi-county collaborative project, and to extend the project through June 30, 2024.  
Financial Implications: See report. 
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

 

13.

Contract Amendments: Contract No. 42000079 with Community Services Block Grant (CSBG) for Calendar Year 2020-21 and Contract No. 32000238 with Downtown Berkeley Association (DBA) for Double Helping Hand Program 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to:  
1. Execute an amendment to Contract No. 42000079 with the State of California’s Department of Community Services and Development (CSD) for Community Services Block Grant (CSBG) Contract Number 20F-3001 to increase the amount to $304,355 and extend the contract period to May 31, 2021, and to execute any resultant agreements and amendments to provide services to low-income people for the period January 1, 2020 to May 31, 2021; and 
2. Execute an amendment to Contract No. 32000238 with the Downtown Berkeley Association (DBA) for the Double Helping Hand program for meals for the unhoused population by providing an additional $37,492 in CSBG funding for a total amount not to exceed $87,492.  
Financial Implications: See report 
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

 

14.

Contract No. 7167J Amendment: Superion, LLC for Upgrade and Support Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend  Contract No. 7167J with Superion, LLC for development of functionalities, installation and preparation for the software upgrade of the City’s FUND$ system on the AS400 platform, increasing the contract amount by $90,000 for a total not-to-exceed amount of $3,565,765 from July 1, 2006 through June 30, 2021.  
Financial Implications: Various Funds - $90,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

15.

Contract No. 31900122-1 Amendment: Rolling Orange, Inc. for Website Redesign, Web Content Management System (CMS), and Support 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for the additional web application development, for an amount not-to-exceed $72,000 and a total contract value not-to-exceed $559,300 from March 1, 2019 to June 30, 2022.  
Financial Implications: IT Cost Allocation Fund -$72,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

16.

Contract No. 10549A Amendment: Tyler Technologies Enterprise Resource Planning System for software licensing, implementation and maintenance services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Tyler Technologies for software licensing, enhanced implementation services and maintenance services for the online Enterprise Resource Planning (ERP) system for the amount not to exceed $650,000 and a total contract value not to exceed $3,952,663 from April 1, 2017 to June 30, 2023.  
Financial Implications: FUND$ Replacement Fund - $650,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

17.

Contract No. 10515A Amendment: Tyler Technologies, Inc. for New World Public Safety Computer Aided Dispatch (CAD 911) Software 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10515A with Tyler Technologies, Inc. for New World’s Computer Aided Dispatch (CAD) for Police and Fire, Mobile messaging and field reporting modules, for license renewal, software support and maintenance services, increasing the amount by $367,500, for a total not to exceed $1,555,230 for the period March 30, 2017 to June 30, 2021.  
Financial Implications: General Fund - $367,500 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

18.

Contract: ePlus for Cohesity Backup Solution and Hosted Cloud Storage 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Contract with ePlus for the Cohesity backup solution and hosted cloud storage, for a total contract amount not to exceed $608,400 for the term September 1, 2020 through August 31, 2025.  
Financial Implications: IT Cost Allocation Fund - $608,400 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

19.

Contract: Digital Hands for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM) 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and subsequent amendments with Digital Hands, for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM), for a total not to exceed amount of $405,000, from September 1, 2020 to August 31, 2023.  
Financial Implications: IT Cost Allocation Fund - $405,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

20.

MOU with “A Safe Place” Domestic Violence Shelter 
From: City Manager 
Recommendation: Adopt a Resolution approving the Memorandum of Understanding (MOU) entitled “Memorandum of Understanding with A Safe Place, a domestic violence shelter provider, and authorize the Chief of Police to enter into this agreement and any amendments.  
Financial Implications: See report 
Contact: Andrew Greenwood, Police, (510) 981-5900

 

21.

MOU with California Department of Justice to Accept Grant for Submission and Testing of Sexual Assault Evidence 
From: City Manager 
Recommendation: Adopt a Resolution approving the Memorandum of Understanding (MOU) entitled “Memorandum of Understanding with the California Department of Justice.”  The Berkeley Police Department has been selected to receive a $312,284 grant for testing untested Sexual Assault Evidence.  Approving this MOU will allow reimbursement of testing expenses and related costs covered by the grant. Authorize the Chief of Police to enter into this agreement and any amendments.  
Financial Implications: See report 
Contact: Andrew Greenwood, Police, (510) 981-5900

 

22.

Lease Agreement: 1001 University Avenue with The Berkeley Food Network 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a retroactive lease agreement with The Berkeley Food Network (BFN) to use the City property at 1001 University Avenue for a three-year lease term with an option to extend for two additional one-year terms.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

 

23.

Grant Applications: Highway Safety Improvement Program Cycle 10 
From: City Manager 
Recommendation: Adopt Resolutions authorizing the City Manager to submit grant applications to the California Highway Safety Improvement Program (HSIP) Cycle 10 for the following projects: Protected Left-Turn Signals at multiple signalized intersections for up to $4 million and Sacramento Street Pedestrian Crossings for up to $250,000.  
Financial Implications: See Report 
Contact: Liam Garland, Public Works, (510) 981-6300

 

24.

Contract 9274A Amendment: Ascentis Corporation 9274A for Biometric Time Card Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9730A with Ascentis Corporation for biometric time card services to extend the contract term by one year to June 30, 2022, and increase the contract amount by $25,000 for a total contract amount not to exceed $75,000.  
Financial Implications: Varous Funds - $25,000 
Contact: Liam Garland, Public Works, (510) 981-6300

 

25.

Contract: McNabb Construction Inc. for the Codornices Creek Restoration at Kains Avenue Project 
From: City Manager 
Recommendation: Adopt a Resolution approving plans and specifications for the Codornices Creek Restoration Kains Avenue Project, Specification No. 20-11368-C; accepting the bid of McNabb Construction Inc. as the lowest responsive and responsible bidder; and 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 in an amount not to exceed $550,127.  
Financial Implications: Various Funds - $550,127 
Contact: Liam Garland, Public Works, (510) 981-6300

 

26.

Referral Response: An Action Plan for Greening the City of Berkeley Fleet of Vehicles 
From: City Manager 
Recommendation: Receive the City of Berkeley Municipal Fleet Electrification Assessment, a plan to accelerate Berkeley’s municipal fleet electrification by 2030, and refer to the City Manager to pursue grant and rebate opportunities through East Bay Community Energy and other entities to support its recommendations for transitioning fleet vehicles away from fossil fuels to electric vehicles, including charging infrastructure and associated distributed energy resource options.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

 

27.

Amendments to the Berkeley Election Reform Act to prohibit Officeholder Accounts; Amending BMC Chapter 2.12 (Reviewed by the Agenda & Rules Committee) (Item contains supplemental material) 
From: Fair Campaign Practices Commission 
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an ordinance amending the Berkeley Election Reform Act, Berkeley Municipal Code Chapter 2.12, to prohibit Officeholder Accounts (See Section 18531.62. Elected State Officeholder Bank Accounts, Regulations of the Fair Political Practices Commission).  
(On June 29, 2020, the Agenda and Rules Committee made a Positive Recommendation to the City Council that the item be referred to the Agenda & Rules Committee to be considered with other related referrals from the Fair Campaign Practices Commission.)  
Financial Implications: None 
Contact: Sam Harvey, Commission Secretary, (510) 981-6950


 

Council Consent Items

 

28.

Opposition to Nuclear Warfare 
From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a Resolution marking the 75th anniversary of the atomic bombings of Hiroshima and Nagasaki with a call to prevent nuclear war.  
Financial Implications: None 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

29.

Support Berkeley Humane Society’s Nonprofit Bark (& Meow) for the Around the Block Adoption Event and Family Street Fair in West Berkeley on August 29, 2020, organized by Berkeley Humane Society: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
From: Councilmember Davila (Author), Councilmember Bartlett (Co-Sponsor) 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Councilmember Cheryl Davila, to Berkeley Humane Society’s Nonprofit Bark (& Meow) for the Around the Block Adoption Event and Family Street Fair in West Berkeley on August 29, 2020, organized by Berkeley Humane Society, with funds relinquished to the City's general fund for this purpose from the discretionary Council Office Budgets of Councilmember Davila, the Mayor and any other Councilmembers who would like to contribute. (COVID-19 Update: If it is not safe to hold the one-day event a month-long virtual adopt-a-thon will be held instead to find homes for over 100 shelter pets).  
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

30.

 Providing our Unhoused Community in the City of Berkeley with Menstrual Products (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
Revised material (Supp 2)

From: Councilmember Davila (Author) 
Recommendation:  
1. Adopt a Resolution to create an allocation of the budget towards annual purchasing of menstrual products and dispensers that will be distributed in three ways: A. Regularly scheduled replenishment of dispensers across public restrooms; B. Provide supplies to the City supported shelters, mental health offices, shower programs, and navigation centers; C. Homeless Outreach to include distribution to encampments and RV dwellers. 
2. Resolution will allocate $10,000 of the budget for the first year, and $8,000 for every consecutive year. 
3. Direct the City Manager to use existing homeless services funding to develop and deploy a program to provide a broad spectrum of menstrual products, including but not limited to, feminine hygiene, pads, tampons, underwear, and other related products, both through the City’s outreach direct services, as well as through the community based homeless services providers. Additionally, require some elements of this program be deployed immediately, with a full program deployment within six months. 
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

31.

Resolution in Support of 1921 Walnut Street 
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt A Resolution Is Support of The Preservation of 1921 Walnut Street, Currently Under The Threat of Being Purchased and Demolished by the University of California at Berkeley.  
Financial Implications: None 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

32.

Adopt a Resolution Implementing Core Police Accountability Board and Director of Police Accountability functions by July 1, 2021 
From: Councilmember Harrison (Author), Councilmember Bartlett (Co-Sponsor) 
Recommendation: 1. Adopt a Resolution, contingent upon voter approval of the Charter Amendment contained in Resolution No. 69,363-N.S., implementing the following core Police Accountability Board and Director of Police Accountability functions and policy changes by July 1, 2021: a. Establish and convene the Police Accountability Board with all investigatory, policy and other authorities, and; b. To assist in an orderly transition between the Police Review Commission and the Police Accountability Board established by this Article, Police Review Commission staff shall serve as interim Police Accountability Board staff until the City hires a Director of Police Accountability. 
Financial Implications: Staff time 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

33.

Resolution in Support of AB 310 to Convert The California Infrastructure Bank (IBank) to a Public Bank 

Revised material (Supp 2)
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt A Resolution Is Support of AB 310 converting the California Infrastructure Bank (IBank) to a depository institution serving as a public bank for the State of California, its counties, municipalities and regional authorities. 
Financial Implications: None 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

34.

Oppose AB 2167 & SB 292 
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Approve a letter opposing AB 2167 (Daly & Cooley) Insurance Action Market Plan and SB 292 (Rubio & Jones) Wildfire Risk Modeling and Mitigation, and send to Assembly Members Tom Daly and Ken Cooley and Senators Susan Rubio and Brian Jones, with copies to Senator Nancy Skinner, Assemblymember Buffy Wicks, and Governor Gavin Newsom.  
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

 

35.

Support for SB 288: Sustainable Transportation COVID-19 Recovery Act 
From: Councilmember Robinson (Author), Councilmember Bartlett (Co-Sponsor) 
Recommendation: Send a letter to Senator Scott Wiener, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Senate Bill 288, which would exempt specified transportation projects from environmental review under CEQA, including bus rapid transit projects, pedestrian and bicycle facilities, and zero-emission charging stations  
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

36.

Support for SB 902: Authorizing Cities to Rezone for Density 
From: Councilmember Robinson (Author) 
Recommendation: Send a letter to Senator Scott Wiener, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Senate Bill 902, which would authorize local governments to upzone urban infill sites and parcels in transit- or jobs-rich areas for up to 10 units of residential density.  
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

37.

Support for AB 2542: The California Racial Justice Act 
From: Councilmember Robinson (Author) , Councilmember Bartlett (Co-Sponsor) , Councilmember Hahn (Co-Sponsor) 
Recommendation: Send a letter to Assemblymember Ash Kalra, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 2542, which would prohibit the state from seeking or obtaining a criminal conviction, or from imposing a sentence, based on race, ethnicity, or national origin.  
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

38.

Support for AB 2345 (CA Density Bonus) 
From: Councilmember Droste (Author) 
Recommendation: That the Berkeley City Council send a letter supporting AB 2345, authored by Assemblymember Lorena Gonzalez and Assemblymember David Chiu which will help address California’s housing crisis by expanding the state density bonus for housing developers who commit to building additional affordable units. 
Financial Implications: None 
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180


 

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.

 

39.

 Amendment of Urgency Ordinance for Outdoor Commerce on Private Property 
Supplemental material (Supp 1)

From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt amendments to the Urgency Ordinance (Number 7,725-N.S.) amending Berkeley’s Zoning Ordinance, Chapter 23E.18 and Section 23B.20.045, to allow additional categories of commerce and establish additional operating criteria for outdoor activities on private property.  
Financial Implications: See report

Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

40.

General Plan Redesignation and Rezone of The Rose Garden Inn at 2740 Telegraph Avenue (APN 054-1716-002-00), 2744 Telegraph Avenue (APN 054-1716-003-00), and 2348 Ward Street (APN 054-1716-031-00) 
Presentation
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion: 
1. Adopt a Resolution amending the General Plan land use designations of portions of parcels that comprise The Rose Garden Inn from Low Medium Density Residential to Avenue Commercial;  
2. Adopt first reading of an Ordinance amending the Zoning Map for the portion of parcels that comprise the Rose Garden Inn from Restricted Two-Family Residential District (R-2) to General Commercial District (C-1); and 
3. Certify that the reclassification of General Plan land use designations and rezoning are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Classes 1, 3, 5, and 31.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400


 

Action Calendar – New Business

 

41.

Placing a Measure on the November 3, 2020 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) 

Supplemental material (Supp 1)
From: Rent Stabilization Board 
Recommendation:  
1. Adopt a Resolution placing the proposed amendments to the Rent Stabilization and Eviction for Good Cause Ordinance on the ballot of 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: Matt Brown, Rent Stabilization Board, (510) 981-7368


 

Council Action Items
 

 

 

42.

Amendments to Berkeley Municipal Code 23C.22: Short Term Rentals 

Revised material (Supp 2)
From: Councilmember Harrison (Author) 
Recommendation: Amend Berkeley Municipal Code 23C.22: Short Term Rentals to clarify the ordinance and insure adequate host responsibilities, tenant protections and remedies for violating the ordinance. 
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

 

43.

 Urgency Ordinance: Updates to the COVID-19 Emergency Response Ordinance; Resolution: Request UC Berkeley Voluntarily Comply with Local Ordinances Restricting Evictions, Delaying Rent Payments, and Empowering Tenants to Terminate their Leases Without Penalty 
From: Councilmember Davila (Author), Councilmember Bartlett (Co-Sponsor) 
Recommendation:  
1. Adopt an urgency ordinance amending Berkeley Municipal Code 13.110, Title 13, “The COVID-19 Emergency Response Ordinance,” to enhance emergency tenant protections consistent with recently adopted Alameda County laws, action in other jurisdictions, and consultation with community stakeholders. 
2. Adopt a resolution requesting the University of California at Berkeley voluntarily comply with local eviction moratoriums, rent suspension ordinances, and ordinances empowering tenants to terminate their leases without penalty. 
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 
 
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 July 23, 2020)

Revised material (Supp 2)
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

 

 

 


Information Reports

 

44.

Voluntary Time Off Program For FY 2021 
From: City Manager 
Contact: Teresa Berkeley-Simmons, Budget Manager, (510) 981-7000

 

45.

Annual Housing Pipeline Report 
From: City Manager 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

46.

LPC NOD:  1120 Second Street/#LMSAP2019-0007 
From: City Manager 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

47.

LPC NOD:  1120 Second Street/#LMSAP2019-0008 
From: City Manager 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

48.

LPC NOD:  41 San Diego Road/#LMSAP2020-0002 
From: City Manager 
Contact: Jordan Klein, Planning and Development, (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 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 July 16, 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.

Item #41: Placing a Measure on the November 3, 2020 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76)

  1. Sara Hartley
  2. Greg San Martin
  3. Toni Mester
  4. Erica Cleary
  5. Rena Meyer
  6. William Rosen
  7. Labi Rabiu
  8. Susan Payne
  9. Colette Ford
  10. Marilyn Garcia
  11. Jelani Nelson
  12. Matt Heafey
  13. Joann Sullivan
  14. Yoni Mayeri
  15. Ana Perches Perez
  16. David Hermele

  

Regenerative Economy to Address the Climate Emergency

  1. Ingrid Good
  2. Marcelo Garzo Montalvo

   

Covid-19 Related and/or Masks

  1. Nina Lyons
  2. Isaac Pastor-Chermak
  3. Howard Goldberg
  4. City of Berkeley Covid-19 Information
  5. Vivian Warkentin
  6. Joel Libove
  7. Celeste Kidd
  8. Anne Herrick (2)
  9. Genevieve Nonet
  10. Thomas Lord (2)
  11. Russbumper (2)
  12. David Lerman (5)

   

Telcom/5G/Cell Antennas

  1. Vivian Warkentin
  2. Mark Weiman
  3. KO
  4. Isis Feral
  5. Blair Beekman
  6. Pollock & James, Law Firm

   

Harriet Tubman Terrace

  1. Darinxoso Oyamasela (4)
  2. Ashley Rementer, Property Manager

   

Graffiti

  1. Elana Nafalin-Kelman (2)
  2. Customer Service, City of Berkeley (2)

   

Homeowners Assessment Complaint – Property Taxes

  1. Finance Department, City of Berkeley

   

Lorin and Rosewood Support

  1. Landon Williams

   

Cedar Properties

  1. Laiming Huang
  2. Tony Benado, City Clerk’s Office

   

Civic Arts Grants

  1. Sharon Dolan, Freight & Salvage

   

Smoking Violation

  1. Carol Denney

   

Urban Dwellers Fleeing

  1. Barbara Gilbert

   

Parking Enforcement

  1. Suneel Jain

   

Small Landlord Needs Help

  1. Grace Chi

   

Tilting Power Pole

  1. Gar Smith

   

Pay Equity – City of Berkeley Employees

  1. Jeff Apkarian, Union Representative

   

SB 82 Grant/OAC Priorities

  1. Carole Marasovic

 

Home | Residents | Businesses | Visitors | Services | Elected Officials
Web Policy | Text-Only Site Map | Contact Us
City of Berkeley - Central Administrative Offices, 2180 Milvia St, Berkeley, CA 94704
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###