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General Information
General Information

Regular Meeting eAgenda
September 15, 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: https://www.codepublishing.com/CA/Berkeley/

  • 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.

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AGENDA 

BERKELEY CITY COUNCIL MEETING 

Tuesday, September 15, 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/88436979283.  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: 884 3697 9283. 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. Pledge of Allegiance to the Flag
  2. Adjourn in memory of Dr. Elmer Grossman, Pediatrician and City Commissioner

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.” 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.

Urgent Item: Urgent and Immediate Measures to Address Fire Safety and Fire Prevention at Grizzly Peak Blvd. Scenic Look-Out Areas 
Revised material (Supp 3)
From: Councilmember Wengraf 
  Recommendation:  
     
1. Request that the City manager work collaboratively with neighboring jurisdictions, including the City of Oakland, UC Berkeley, Lawrence Livermore Lab, and East Bay Regional Parks to address the use of fireworks and end other illegal and dangerous activities at scenic lookouts on Grizzly Peak Blvd. 
     2. Send the request for immediate, urgent, and coordinated action to UC Regents, UC Berkeley Chancellor Carol Christ, Mayor and City Council of Oakland, Oakland City Manager Edward Reiskin, East Bay Regional Parks District Board of Directors, EBRP General Manager Robert Doyle, Alameda County Supervisor Keith Carson and to the East Bay Hills Forum.
     3. Adopt a Resolution requesting that all responsible jurisdictions take immediate action to stop the use of fireworks and end other illegal and dangerous activities at Grizzly Peak Blvd. scenic lookouts and other similar gathering areas in the Berkeley and Oakland hills, to prevent fires, end illegal dumping and protect the health and safety of the residents of Berkeley and Oakland as well as the UC Berkeley Campus, Lawrence Livermore Lab, East Bay Regional Parks.

       

 

 

 

 

 

 

 

 

 

 

 

Recess Items

1.

Contract: Orsolya Kuti, DVM to Provide On-site Veterinary Services for Berkeley Animal Care Services 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract and any amendments with Orsolya Kuti, DVM for on-site veterinary services for Berkeley Animal Care Services (BACS) for FY2021-2023, which establishes a contract in an amount not to exceed $180,000.  
Financial Implications: General Fund - $180,000 
Contact: Erin Steffen, City Manager's Office, (510) 981-7000

 

2.

Revenue Grants:  California Office of Traffic Safety (OTS) for the 2021 “Selective Traffic Enforcement Program (STEP)” and “Traffic Records Improvement Project (TRIP) Grants 
From: City Manager 
Recommendation: Ratify the action taken by the City Manager, or designee, during recess to accept both the “Selective Traffic Enforcement Program (STEP)” and “Traffic Records Improvement Project (TRIP) grants and enter into the resultant grant agreements and any amendments, with the California Office of Traffic Safety (OTS) to fund increased levels of impaired or distracted driving enforcement, nighttime seatbelt enforcement, motorcycle safety enforcement, and educational programs regarding bicycle and pedestrian safety along with traffic records improvement through automated collection and submission of collision data to the California Highway Patrol, Statewide Integrated Traffic Records System (SWITRS) database. These tentative OTS grants are for $205,000 and $40,000 respectively for the period of October 1, 2020 through September 30, 2021 which is Federal Fiscal Year 2021. 
Financial Implications: See report 
Contact: Andrew Greenwood, Police, (510) 981-5900

 

3.

Contract No. 31900031 Amendment: Downtown Streets Team 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess amending Contract No. 31900031 with Downtown Streets Team to add additional scope of work to provide a low-barrier Volunteer Work Experience model in which unhoused participants beautify their community in exchange for case management, employment services and a non-cash basic needs support, increase the contract by $225,000 for a new not to exceed amount of $870,304 and extend the Contract term to June 30, 2022.  
Financial Implications: Measure P Fund - $225,000 
Contact: Liam Garland, Public Works, (510) 981-6300

 

4.

Authorization to Apply for CalRecycle Waste Reduction, Reuse, Recycling, and Composting Grants and Payment Programs 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action of the City Manager to apply for Reuse Grant Program FY 2019-20, and authorizing the City Manager to submit grant applications, accept grant funds, and execute any resulting grant agreements, amendments and expenditure reports with the State of California Department of Resource Recycling and Recovery for any grant and payment programs related to waste reduction, reuse, recycling, and composting for which the City of Berkeley is eligible to apply. 
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

 

Consent Calendar

5.

Lease Agreement: 1001 University Avenue with The Berkeley Food Network 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,729-N.S. 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. 
First Reading Vote: All Ayes.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

 

6.

Amendment of Urgency Ordinance for Outdoor Commerce on Private Property
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,730-N.S. amending the Urgency Ordinance (No. 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. 
First Reading Vote: All Ayes.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

7.

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) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,731-N.S. 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). 
First Reading Vote: All Ayes.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

8.

Measure T1 Loan 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to loan $600,000 from the Parks Tax Fund and $600,000 from the Measure BB – Local Streets & Roads Fund to the Measure T1 Fund for a total of $1.2 million in FY 2021 to complete Phase 1 projects.  
Financial Implications: See report 
Contact: Teresa Berkeley-Simmons, Budget Manager, (510) 981-7000

 

9.

Minutes for Approval 
From: City Manager 
Recommendation: Approve the minutes for the council meetings of July 2, 2020 (closed), July 7, 2020 (special and special), July 14, 2020 (regular), July 21, 2020 (special and special), July 23, 2020 (closed, special and special), July 28, 2020 (closed and regular) and July 30, 2020 (special and special).  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

10.

Voting Delegates – League of California Cities Annual Conference 
From: City Manager 
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities meeting to be held virtually on Friday, October 7, 2020.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

11.

Renaming Shattuck Avenue ‘East’ to Kala Bagai Way (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) 
From: City Manager 
Recommendation: Adopt a Resolution renaming the two block portion of Shattuck Avenue ‘East’ from Center Street to University Avenue, including the eastern facing block faces of Shattuck Square and Berkeley Square to Kala Bagai Way as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy (FITES) Committee and affirming the western segment of Shattuck Avenue, including the western facing block faces of Shattuck Square and Berkeley Square will be known as Shattuck Avenue.  
Financial Implications: See report 
Contact: Dave White, City Manager's Office, (510) 981-7000

 

12.

Civil Enforcement of Face Covering Orders; Amending BMC Section 2.55.040 
Revised material (Supp 1)
Revised material (Supp 3)
From: City Manager 
Recommendation: Adopt an urgency ordinance amending Berkeley Municipal Code Section 2.55.040 to authorize the City of Berkeley Public Health Officer or her designee to issue administrative citations for violation of a Health Officer order.  
Financial Implications: See report 
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

 

13.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 15, 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: Sanitary Sewer Operations Fund - $4,100,000 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

14.

Memorandum of Understanding with Alameda County Behavioral Health Care Services for Wellness Center operations 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to adopt a Memorandum of Understanding (MOU) between the City of Berkeley and Alameda County Behavioral Health Care Services (ACBHCS) for the term July 1, 2019 through June 30, 2021 for an expenditure of up to $775,000 to fund the operational costs of a Mental Health Wellness Center (Wellness Center) located in the City of Berkeley.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

15.

Revenue Contract: Community Services Block Grant (CSBG) Coronavirus Aid Relief and Economic Security (CARES) Act & Subsequent Community Agency Agreements for Calendar Years 2020-2022 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Execute a revenue agreement, and any amendments that may increase the projected amount, with the State of California’s Department of Community Services and Development (CSD) for Community Services Block Grant (CSBG) Coronavirus Aid Relief and Economic Security (CARES) Act funds (CSBG Contract No. 20F-3640) in the amount of $373,097 to provide services in response to COVID-19; and 2. Execute an amendment to the existing revenue agreement totaling $304,355 with CSD for COB annual CSBG allocation, adding $2,751, bringing the total existing 2020 CSBG award to $307,106; and 3. Execute an amendment to an existing contract in the amount of $30,000 with WeHOPE (Contract No. 32000206) to provide shower services from August 1, 2020 through May 31, 2022, adding $185,408 for a total not to exceed $215,408; and 4. Execute additional new or amended agreements, for up to $142,917 plus any amended amounts resulting in an increased contract amount, with various service providers using CSBG CARES Act funding to address the short-term and long-term impacts of COVID-19, such as mobile showers, meals for the unhoused, hygiene services such as porta-potties and handwashing stations, or other services for low-income persons as allowed under CSBG funds; and 5. Allocate the allowable 12% ($44,772) of CSBG CARES Act funds to support City staff administering the funds.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

16.

Contract No. 32000201 Amendment: The Eikenberg Institute for Relationships for Cultural Humility Training Consultant 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000201 with The Eikenberg Institute for Relationships through June 30, 2022, with a total contract NTE of $90,000 to fund the Cultural Humility Training Consultant position with Dr. Kenneth Hardy.  The contract term will not change.  
Financial Implications: Short Doyle Fund - $15,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

17.

Contract No. 122411-2 Amendment: Communication Strategies for Consulting Services for Voice over IP (VoIP) 911 Compliance 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 122411-2 with Communication Strategies for Consulting Services for Voice over IP (VoIP) Support and Maintenance, increasing the contract amount by $6,000 for a total not-to-exceed amount of $82,811 from July 1, 2017 to June 30, 2021.  
Financial Implications: IT Cost Allocation Fund - $6,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

18.

Contract No. 114382-1 Amendment: MC Dean Inc. for Uninterrupted Power Supplies (UPS) Maintenance 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9747 (ERMA Contract No. 114382-1) with MC Dean, Inc. for Uninterrupted Power Supplies (UPS) Maintenance, increasing the amount by $51,698 for a total not to exceed $146,906 from July 1, 2014 to June 30, 2023.  
Financial Implications: IT Cost Allocation Fund - $51,698 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

19.

Contract No. 32000082 Amendment: Mar Con Builders, Inc. for Live Oak Community Center Seismic Upgrade Project 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000082 with Mar Con Builders, Inc. for the Live Oak Community Center Seismic Upgrade Project, increasing the contract amount by $200,000 for a total amount not to exceed of $5,905,668.  
Financial Implications: Parks Tax Fund - $200,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

20.

Memorandum of Agreement: Construction of Gilman Street Sanitary Sewer Line Extension as part of the I-80 Gilman Street Interchange Improvements Project 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Agreement (MOA) with the Alameda County Transportation Commission (Alameda CTC) to provide an initial $290,000 in Measure T1 Infrastructure Bond funding for the construction of a new sanitary sewer line extension on Gilman Street to serve the future fieldhouse restroom at the Tom Bates Regional Sports Complex (TBRSC). 
Financial Implications: Measure T1 Fund - $290,000  
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

21.

Purchase Order: TYMCO, Inc. For One (1) Model 435 Regenerative Air Sweeper 
From: City Manager 
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in HGACBuy contract bid procedures, and authorizing the City Manager to execute a purchase order for one (1) TYMCO model 435 Regenerative Air Sweeper in an amount not to exceed $165,000.  
Financial Implications: Zero Waste Fund - $165,000 
Contact: Liam Garland, Public Works, (510) 981-6300

 

22.

100% Sustainable Trips by 2040 (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) 
From: Community Environmental Advisory Commission 
Recommendation: Adopt the attached Resolution, setting a goal of achieving 50% of trips taken by sustainable modes by 2030 and 100% by 2040, and refer to the Community Environmental Advisory Commission, the Energy Commission, and the Transportation Commission to develop relevant proposals and recommendations for accomplishing that goal.  
Financial Implications: See report 
Contact: Viviana Garcia, Commission Secretary, (510) 981-7460

 

Council Consent Items

23.

Amending Ordinance No. 7,692-N.S. extending the grace period for Fair Chance Housing Ordinance 
From: Mayor Arreguin (Author) 
Recommendation: Adopt an ordinance amending Ordinance No. 7,692-N.S. (Fair Chance Housing Ordinance) to extend the grace period for landlords to be held liable to January 1, 2021 so that staff has adequate time to complete the intended outreach prior to the ordinance going into full effect.  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

24.

Letter to East Bay Regional Park District supporting renaming Vollmer Peak 
From: Councilmember Davila (Author) 
Recommendation: Send the attached letter to the East Bay Regional Park District Board of Directors supporting renaming Vollmer Peak.  
Financial Implications: None 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

25.

Centennial Proclamation Honoring the Passage of the United States 19th Amendment and the National Women's Suffrage Movement 
From: Councilmember Harrison (Author); Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a resolution honoring 2020 as the centennial of the winning of women's suffrage at the federal level in the United States.  
Financial Implications: None 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

26.

Resolution Congratulating Kamala D. Harris on her Nomination for Vice President of the United States 
From: Councilmember Hahn (Author), Councilmember Davila (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Mayor Arreguin (Co-Sponsor) 
Recommendation: Adopt a Resolution congratulating Kamala Harris on her nomination for Vice President of the United States.  
Financial Implications: None 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

 

27.

Outreach and Technical Assistance for Berkeley Small Businesses Eligible to Participate in the California Rebuilding Fund 
From: Councilmember Hahn (Author) 
Recommendation: Refer to the City Manager to engage in robust outreach to small businesses and organizations in Berkeley that may be eligible to participate in the California Rebuilding Fund, a new public-private partnership based on the SOS Small Business Loan model Berkeley passed in April 2020, that will leverage government backed capital to support small enterprises in California. It is our understanding that loans will be made in part on a first come, first served basis, so time is of the essence for staff to do outreach.  
The City Manager is requested to focus outreach in particular on underserved small businesses and nonprofits, entrepreneurs in historically disenfranchised communities, and enterprises serving children, including childcare providers, preschools, and camps.  
The City Manager is further recommended to partner with the Berkeley Chamber, Downtown Berkeley Association, Visit Berkeley, and Business Improvement Districts (BIDs) to ensure that eligible small businesses and nonprofits are aware of this opportunity, and receive any technical assistance they need in order to apply and participate in a timely manner. The City Manager is also recommended to partner with the Haas Business School at UC Berkeley for additional guidance. 
Financial Implications: Staff time 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

 

28.

Resolution: No Police Revolving Door (Reviewed by the Public Safety Committee)
From: Councilmember Robinson (Author), Councilmember Bartlett (Co-Sponsor) 
Recommendation: Adopt a resolution designating a history of serious misconduct and the act of previously resigning in the middle of a serious misconduct investigation as immediate disqualifiers in the Berkeley Police Department recruitment and selection process.  
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

29.

Resolution: Opposition to Proposition 20 
From: Councilmember Robinson (Author), Councilmember Bartlett (Co-Sponsor) 
Recommendation: Adopt a Resolution opposing Proposition 20 on the November 2020 ballot, which would authorize felony charges for repeat or organized petty theft, require tougher penalties for noncriminal parole violations, expand DNA collection for people convicted of certain nonviolent crimes, and exclude those who have been convicted of domestic violence and certain nonviolent crimes from early parole consideration.  Copies of the resolution are to be sent to Assemblymember Buffy Wicks and State Senator Nancy Skinner.  
Financial Implications: See report 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

30.

Chancellor’s Community Partnership Fund Grant for Paid Internships 
From: Councilmember Robinson (Author) 
Recommendation: Adopt a Resolution accepting a $15,000 grant from the UC Berkeley Chancellor’s Community Partnership Fund (CCPF) to fund paid City internships for high school and college students, in partnership with the ASUC, the Public Service Center, and the Institute for Governmental Studies.  
Financial Implications: See report 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

31.

Preserving Our Children’s Recreation Areas 
Supplemental material (Supp 2)
From: Councilmember Droste (Author), Mayor Arreguin (Author) 
Recommendation: Request the City Manager to implement the following recommendations for Willard Park and utilize them for other parks where appropriate: 1. Increase nighttime enforcement and enable the police to enforce park rules and ordinances. 2. Consider the presence of needles and feces a Public Health threat and enable the Public Health Department to cordon off areas of encampment for the purpose of clearing the areas of contamination and ensuring the areas are safe for public use. 3. Determine where additional signage is needed to clarify rules regarding camping and park hours, as well as compliance with public health orders regarding COVID, included but not limited to facial coverings. 
Financial Implications: Staff time 
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 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.

 

32.

Substantial Amendment to the 2020-2025 Consolidated Plan including the PY20 (FY21) Annual Action Plan in Response to the Addition of Coronavirus Aid, Relief, and Economic Security (CARES) Act Funds 
Presentation
From: City Manager 
Recommendation: Conduct a Public Hearing on the proposed Substantial Amendment to the 2020-2025 Consolidated Plan including the PY20 (FY21) Annual Action Plan in response to the addition of Coronavirus Aid, Relief, and Economic Security (CARES) Act funds, and upon conclusion adopt a Resolution authorizing the City Manager, or her designee, to: 
1. Accept the CARES Act funding totaling the amount of $8,259,408, including $1,610,805 in Community Development Block Grant (CDBG-CV) and $6,648,603 in Emergency Solutions Grant (ESG-CV) and reallocate $535,998 of PY20 CDBG funds to provide support for the City of Berkeley’s response to COVID-19; and 
2. Allocate up to 10% of the PY20 HOME funds (not to exceed $77,838) for Community Housing Development Organization (CHDO) operating funds, up to 25% for program administration, and the remaining to the to the Housing Trust Fund; and  
3. Execute resultant agreements and amendments for the above-mentioned funds to implement proposed programs below; and  
4. Submit the approved Substantial Amendment to the 2020-2025 Consolidated Plan and PY20 Annual Action Plan, to the U.S. Department of Housing and Urban Development (HUD) including public comments, and accept any resulting agreements with HUD; and  
5. Adopt the revised Berkeley Citizen Participation Plan.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

Action Calendar – Old Business

33.

Annual Housing Pipeline Report (Continued from July 28, 2020) 
Revised material (Supp 1)
Supplemental material (Supp 2)
From: City Manager 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

34.

Contract 9274A Amendment: Ascentis Corporation 9274A for Biometric Time Card Services (Continued from July 28, 2020)
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: Various Funds - $25,000 
Contact: Liam Garland, Public Works, (510) 981-6300

 

35.

 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 (Continued from July 28, 2020)
Revised material (Supp 1)
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 University of California at Berkeley voluntarily comply with local eviction moratoriums and rent suspension ordinances.  
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

Council Action Items

36.

Vote of No Confidence in the Police Chief 
From: Councilmember Davila (Author) 
Recommendation: Adopt a resolution taking a Vote of No Confidence in the Police Chief.  
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

 

Information Reports

37.

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

 

38.

FY 2021 Civic Arts Grant Awards 
From: City Manager 
Contact: Dave White, City Manager's Office, (510) 981-7000

 

39.

Berkeley Public Library Uses Tax Funds by the Book, But More Internal Controls Needed 
Supplemental material (Supp 2)
From: Auditor 
Contact: Jenny Wong, Auditor, (510) 981-6750


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 September 3, 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 #12: Civil Enforcement of Face Covering Order; Amending BMC Section 2.55.040

  1. David Lerman (3)
  2. Alexandra Crisafulli
  3. Steven Schuyler

Evictions – Residential and Commercial

  1. Kem Loong
  2. Katrina Uy
  3. Jane Lee

  

Redistricting

  1. Phil Allen

   

Support of Transportation Network Companies (TNC) Tax

  1. Ben Paulos

   

Residential Preferred Parking

  1. David Lerman

   

Property Tax Disparity Based on Square Footage

  1. Bob Flasher
  2. Roxanne Schwartz

   

Climate Funding and Climate Change

  1. Sheila Jacobs
  2. Vivian Warkentin

   

Housing at 2650 Telegraph

  1. Kayle Barnes

   

Sugar Sweetened Beverage Tax

  1. Schneider Consulting

   

Unbound Mini-Fest

  1. Cherilyn Parsons on behalf of the Bay Area Book Festival

   

Brown Act and Public Meeting Callers

  1. Katarine Vidt
  2. Councilmember Kesarwani
  3. Thomas Lord

Electric Mobility Roadmap

  1. Donna Graves

   

Distance Learning

  1. George Torgun (2)
  2. Nathan Francis

   

Fund Housing Project at 1367 University Avenue

  1. Diana Bohn

   

AC Transit

  1. Kevin Burke

   

In Memory of John Lewis

  1. Melissa Weaver

   

Board of Immigration Appeals Overturned

  1. Diana Bohn

   

Satellite Affordable Housing Associates (SAHA)

  1. TLM

   

Arson at The Way Church

  1. Betsy Strode

   

Mental Health

  1. Boona Cheema
  2. Margaret Fine
  3. Elisa Mikiten
  4. Andrea Prichett

   

Wild Fires and Smoke

  1. Moni Law
  2. Phoebe Anne Sorgen

   

North Berkeley and Ashby BART

  1. Laura Klein
  2. Walter Wood
  3. Alisa Foster
  4. David Brandon
  5. Liz Horowitz (2)
  6. Janice Schroeder
  7. Steve Gilmartin
  8. Melissa Riley
  9. Wanda Warkentin
  10. Toni Casal
  11. Eileen Hughes
  12. Deborah Gouailhardou
  13. Lynda Caesara
  14. Andrea Altschuler
  15. Kathy Labriola
  16. Sheila Goldmacher
  17. Donald Goldmacher
  18. Linda Franklin

  

Adeline Corridor

  1. 29 form-letters
  2. Matthew Lewis
  3. Brian Troutwine
  4. Watson Ladd
  5. Matt Nichols
  6. Peter Waller
  7. Eric Smillie
  8. David Soffa
  9. Ariella Granett
  10. Caleb Jones
  11. Jeremy and Shelly Kaller
  12. Claire Norris
  13. Laura Stevens
  14. Betsy Thagard

   

5G and Telecom

  1. KO
  2. Aria Cahir
  3. Shirley Shelagnoski
  4. Jeff Strahl
  5. Rosemary Bensko
  6. Vivian Warkentin (2)
  7. Jennifer LaPorta
  8. Carla Sienna
  9. Blair Beekman
  10. Alfred Twu
  11. Tommaso Sciortino
  12. Steve Jackson and Kori Kody
  13. Diana Bohn
  14. Max Ventura
  15. Lloyd Morgan
  16. Sandy N.
  17. Phoebe Anne Sorgen

   

Encampments and Homelessness

  1. Thomas Lord
  2. Chris Denny-Brown
  3. Liz Wiener
  4. Peter Wen
  5. Max Ventura
  6. Remi Omodele
  7. Russbumper

   

Black Lives Matter

  1. Monica Jones
  2. Avram Gur Arye
  3. James Wood

   

COVID-19 Related Communications

  1. David Lerman (4)
  2. Alice Lee
  3. Sharon Donovan
  4. Blair Beekman
  5. Ryan Bradley
  6. Thomas Lord (2)
  7. Camille Watts-Zagha
  8. Evan Hamilton DeSerio
  9. Will Schieber
  10. Ruben Lizardo, on behalf of Cal
  11. Vivian Warkentin
  12. Anne Herrick
  13. Hilary Pinkston
  14. City of Berkeley and Rainbow Rubin
  15. Bryce Nesbitt
  16. George Torgun

   

Police Funding, Matters, Etc.

  1. Jane Dulay
  2. Richard Martin
  3. Randy Parker
  4. Gene Hendrix
  5. Steven Schuyler
  6. Tony Corman
  7. Mimi Moungovan
  8. Jeru Fend
  9. June Greenawalt
  10. Barbara Boyka
  11. Julia Beers
  12. Fran Haselsteiner
  13. Florence Kragen
  14. Barbara Fisher
  15. Juli Dickey
  16. Catherine Epstein
  17. Tree Fitzpatrick
  18. Rabi’a Keeble
  19. Sally Hendrickson
  20. Christine Garibian
  21. Alina Fryer
  22. Ellen Widess
  23. Steve Block
  24. Mark Etzbach
  25. Charles Smith
  26. Margo Tolins-Mejia
  27. Jonathan Simon
  28. Ellen Zucker
  29. Irving Zucker
  30. Barbara Fisher
  31. Carol Denney
  32. Three Stone Hearth
  33. Lola Aruda
  34. Shauna Wright
  35. Josn Buswell-Charkow
  36. Maris Arnold
  37. 21 similarly worded form letters (I demand)

   

ADU/Golden Duplexes

  1. Judi Sui
  2. Alisa Foster
  3. Bella Feldman
  4. Tiffany Cotter

   

Ashby Flea Market

  1. Enythe Green

  

Addison Street Bike Blvd

  1. Bill Kristy
  2. Beth Thomas, City of Berkeley Transporation

  

Illegal Removal of Five Coast Live Oak at 1915 Berryman Street

  1. Deborah Kropp

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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