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General Information
General Information

Regular Meeting eAgenda
June 15, 2021
                                                                                      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.

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

AGENDA

BERKELEY CITY COUNCIL MEETING 

Tuesday, June 15, 2021 

6:00 P.M.

  Jesse Arreguin, Mayor

Councilmembers:

District 1 – Rashi Kesarwani

District 5 – Sophie Hahn

District 2 – Terry Taplin

District 6 – Susan Wengraf

District 3 – Ben Bartlett

District 7 – Rigel Robinson

District 4 – Kate Harrison

District 8 – Lori Droste

 

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/87908681987. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous.  To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 879 0868 1987. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@cityofberkeley.info.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.  Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

 

 

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

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

 

Consent Calendar

 

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.

Lease Agreement: 2010 Addison Street at Center Street Garage with Vito Loconte and Alexie LeCount DBA Lexie’s Frozen Custard 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,763-N.S. authorizing the City Manager to execute a lease agreement for 2010 Addison Street at the Center Street Garage with Vito Loconte and Alexie LeCount DBA Lexie’s Frozen Custard, a sole proprietorship, for an initial term of ten (10) years with one optional five-year lease extension AND approve payment of a commission of $9,331.23 to Colliers International for commercial brokerage fees for locating a tenant for the premises. 
First Reading Vote: All Ayes  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300 

 

2.

Amend BMC 14.72.105 
From: Councilmember Wengraf (Author) 
Recommendation: Adopt second reading of Ordinance No. 7,764-N.S. amending BMC 14.72.105 Neighborhood-Serving Community Facility Permits, to allow a broader range of community facilities to be eligible for parking permits. 
First Reading Vote: All Ayes  
Financial Implications: See report 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 

 

3.

Systems Alignment Proposal (Continued from May 18, 2021. Item Contains Supplemental Material.) 
Supplemental Material (Supp 3) Harrison
Supplemental Material (Supp 3) Hahn
From: City Manager 
Recommendation: Review the proposal for systems alignment and provide edits and suggestions in order to compile Council feedback for the purpose of drafting a revised proposal for adoption. 
Financial Implications: See report 
Contact: Dave White, City Manager’s Office, (510) 981-7000

 

4.

Temporary Appropriations FY 2022 
From: City Manager 
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2021, until the effective date of the FY 2022 Annual Appropriations Ordinance.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

5.

FY 2022 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0059%.
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

6.

FY 2022 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0135%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

7.

FY 2022 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0088%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

8.

FY 2022 Tax Rate: Business License Tax on Large Non-Profits 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate for Business License Tax on large non-profits at $0.7041 (70.41 cents) per square foot of improvements.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

9.

FY 2022 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at an annual rate of $0.1047 (10.47 cents) per square foot of improvements and $0.15705 (15.705 cents) for the 18-month period from January 1, 2021 to June 30, 2022.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Fire, (510) 981-3473 

 

10.

FY 2022 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1896 (18.96 cents) per square foot of improvements.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

11.

FY 2022 Special Tax Rate: Fund the Provision of Library Services 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2402 (24.02 cents) per square foot for dwelling units and $0.3632 (36.32 cents) per square foot for industrial, commercial, and institutional buildings.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Director of Library Services, (510) 981-6195 

 

12.

FY 2022 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate for funding the provision of emergency services for the disabled at $0.02378 (2.378 cents) per square foot of improvements.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

13.

FY 2022 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0170%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

14.

FY 2022 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election)Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0077%.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

15.

FY 2022 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.05818 (5.818 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.08804 (8.804 cents) per square foot of improvements. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Interim Fire Chief, (510) 981-5500 

 

16.

FY 2022 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance setting the FY 2022 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0412 (4.12 cents) per square foot of improvements.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

 

17.

Designate the Line of Succession for the Director of Emergency Services 
From: City Manager 
Recommendation: Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an officially declared disaster, and rescinding Resolution No. 69,245-N.S.  
Financial Implications: None 
Contact: Abe Roman, Fire, (510) 981-3473 

 

18.

Revenue Grant: Funding Support from Alameda County to Public Health Infrastructure Program 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Public Health Infrastructure Program in the projected amount of $32,080 for Fiscal Year (FY) 2022.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 

 

19.

Housing Trust Fund Predevelopment Loan Advance for Maudelle Miller Shirek Community (2001 Ashby Avenue) 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Authorizing an advance of $1.5 million in Measure O funds to Maudelle Shirek L.P. for costs related to predevelopment of the Maudelle Miller Shirek Community, located at 2001 Ashby Avenue. 2. Clarifying that the City may execute the development contract for Maudelle Miller Shirek Community for the remaining Measure O funds prior to the second issuance of the bond. 3. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 

 

20.

Item Removed by City Manager*** Contract No. 31900254 Amendment: Easy Does It to Provide Emergency Disability Services and Audit Recommendation Update for Fiscal Year 2022 – 2023 
From: City Manager 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 

 

21.

Revenue Grant Agreement: Funding Support from the State of California for the Tuberculosis Program 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Tuberculosis Control Program in the projected amount of $14,000 for Fiscal Year (FY) 2022.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 

 

22.

Revenue Contract: Community Services Block Grant Discretionary Funding for  Contract Number 21F-4403 to Provide Services for Low-Income People 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Accept the Community Services Block Grant (CSBG) Contract Number 21F-4403 for the amount of $28,250 to provide services for low-income people for the period June 1, 2021 through May 31, 2022, and 2. Execute one or more expenditure contracts totaling $28,250 assistance and services for homeless households, including flexible funding for rental assistance, move-in costs for clients assisted with rental assistance, hygiene services and supports such as portable toilets and handwashing stations or shower and laundry services, supplies for unhoused residents distributed by outreach teams, and/or other COVID-19-related services for low-income individuals as needed.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 

 

23.

Contract No. 32100044 Amendment: Renne Public Law Group LLP for Chief Labor Negotiator Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100044 increasing contract amount by $100,000 with Renne Public Law Group LLP for Chief Labor Negotiator services, for a revised total contract amount not to exceed $150,000.  
Financial Implications: General Fund - $100,000 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800 

 

24.

Contract No. 10851 Amendment: Bryce Consulting, Inc. for Professional Classification Studies, Compensation Surveys and Desk Audits 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10851 increasing the contract amount by $53,000 with Bryce Consulting, Inc. for Professional Classification Studies, Compensation Surveys and Desk Audit services, for a revised total contract amount not to exceed $102,999 through December 31, 2023.  
Financial Implications: General Fund - $53,000 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800 

 

25.

Contract No. 9649D Amendment:  Sloan Sakai, LLP for Chief Labor Negotiator Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9649D increasing the contract amount by $215,000 with Sloan Sakai, LLP for Chief Labor Negotiator services, for a revised total contract amount not to exceed $665,000.  
Financial Implications: General Fund - $215,000 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800 

 

26.

Memorandum Agreement:  International Brotherhood of Electrical Workers Local 1245
From: City Manager 
Recommendation: Adopt one Resolution approving a new two-year Memorandum Agreement with the International Brotherhood of Electrical Workers Local 1245 (hereinafter referred to as the “Union”) with a term of June 28, 2020 through June 30, 2022, authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the Memorandum Agreement. 
Financial Implications: See report 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800 

 

27.

Adopt Tentative Agreement with SEIU Local 1021 Community Services Unit And Part-Time Recreation Leaders Association related to the Inclusion of the Legislative Assistants into the Unit 
From: City Manager 
Recommendation: Adopt a Resolution approving the terms and conditions related to the Legislative Assistant classification’s inclusion into the existing Memorandum of Understanding (hereafter referred to as “MOU”) with SEIU Local 1021 Community Services Unit And Part-Time Recreation Leaders Association (hereafter referred to as the “Union”), and authorizing the City Manager to direct staff to execute and implement the terms and conditions of employment set forth in the Tentative Agreement dated May 18, 2021. Also, authorize the City Manager to make edits to the format and language of the Memorandum of Understanding in alignment with the Tentative Agreement, and conforming to legal requirements, when the parties ultimately reach agreement regarding the successor MOU currently under negotiation with the larger CSU bargaining unit.  
Financial Implications: See report 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800 

 

28.

Contract: Get IT Tech for a New Electronic Gate System at the Waterfront 
From: City Manager
 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Get IT Tech to provide a new electronic gate system at the Waterfront in an amount not-to-exceed of $73,458, which includes a contract amount of $61,215 and a 20% contingency in the amount of $12,243. 
Financial Implications: Marina Fund - $73,458   
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 

 

29.

Contract: Community Conservation Centers, Inc. for Processing and Marketing Services of Recyclable Materials 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a new Contract with Community Conservation Centers, Inc. (CCC) for the sorting and marketing of residential and commercial curbside collected recyclables, and the recycling drop-off and buyback centers. The contract term is five (5) years, commencing July 1, 2021 through June 30, 2026, with an option to extend by mutual agreement for another five (5) years, commencing July 1, 2026 through June 30, 2031, for a total contract amount not to exceed $30,080,793 for a ten year period. 
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300 

 

30.

Contract: Ecology Center, Inc. for the Residential Curbside Recycling Collection 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a new contract with Ecology Center, Inc. for the collection of residential curbside recycling and delivery of these recyclable materials to Berkeley Recycling for processing and marketing.  The contract term is five (5) years, commencing July 1, 2021 through June 30, 2026, with an option to extend by mutual agreement for another five (5) years, commencing July 1, 2026 through June 30, 2031, for a total contract not to exceed amount of $54,518,752 for the ten year period.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300 

 

31.

Contract No. 111976-1 Amendment: HF&H Consultants, LLC for the Study of the City Providing Commercial Collection Services and Development and Update of Rate Model 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 111976-1 with HF&H Consultants, LLC to increase the current contract by $50,000 for a total not to exceed amount of $250,000 and to extend the contract term to June 30, 2023 for the Development and Update of a Zero Waste Rate Model.  
Financial Implications: Zero Waste Fund - $50,000  
Contact: Liam Garland, Public Works, (510) 981-6300 

 

32.

Contract No. 120470-1  Amendment: Fairbanks Scales, Inc. for Preventative Maintenance and Repairs at the City’s Solid Waste Management and Transfer Station 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No.120470-1 with Fairbanks Scales, Inc. for preventative maintenance and repairs on the various scales at the City’s Solid Waste Management and Transfer Station, extending the contract term by two years to June 30, 2025, and increasing the contract amount by $150,000 for a total contract amount not to exceed $340,000.  
Financial Implications: Zero Waste Fund - $150,000   
Contact: Liam Garland, Public Works, (510) 981-6300 

 

33.

Support of Assembly Bills 881, 1454 & 1276 
Supplemental material (Supp 2)
From: Zero Waste Commission 
Recommendation:  
1. Support Assembly Bill 881 (Plastic Waste Exports) which closes an existing loophole in California law that allows mixed plastic exports to be counted as recycling regardless of their ultimate destination, which is often overseas landfills, incinerators, or waterways, and send a letter expressing the City Council’s support to Assemblymember Gonzalez. 
2. Support Assembly Bill 1454 (Bottle Bill Modernization) which helps keep recycling centers open and provides much-needed support for new centers to open in areas where there are not enough centers to serve consumers, including rural and urban areas, and send a letter expressing the City Council’s support to Assemblymember Bloom. 
3. Support Assembly Bill 1276 (Unnecessary Food Serviceware) which expands plastic straws upon-request law to include other single-use food accessories, other food facilities, and third-party delivery platforms – including food that is taken away, delivered, or served on-site - and send a letter expressing the City Council’s support to Assembly Member Carrillo.  
Financial Implications: None 
Contact: Heidi Obermeit, Commission Secretary, (510) 981-6300 

 


Council Consent Items

 

34.

Support for AB-279 (Muratsuchi) Intermediate Care Facilities and Skilled Nursing Facilities: COVID-19 
From: Councilmember Bartlett (Author), Councilmember Harrison (Co-Sponsor) 
Recommendation: Adopt a Resolution in support of AB-279 (Muratsuchi) Intermediate Care Facilities and Skilled Nursing Facilities: COVID-19 and send copies of the Resolution letters supporting AB-279 to the Senate Health Committee, Senator Skinner, Assemblymembers Muratsuchi, Santiago, Wicks, and Governor Newsom. 
Financial Implications: None 
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 

 

35.

Letter of Opposition Unless Amended on SB 9 
From: Councilmember Wengraf (Author), Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Pass a resolution and send a letter to Senators Atkins, Caballero, Rubio, Wiener and Skinner, Assemblymember Wicks and Governor Newsom, expressing the Berkeley City Council's concerns about SB 9: Housing development: Approvals (Atkins) as drafted, and state our opposition to the bill unless it is amended to address these specific concerns.  
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 

 

Action Calendar

 

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

The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.


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. 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.

 

 

36.

Levy and Collection of Fiscal Year 2022 Street Lighting Assessments 
From: City Manager 
Recommendation: Conduct a public hearing and upon conclusion adopt two Resolutions confirming the assessment for the Berkeley Street Lighting Assessments District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2022.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300 

 


Action Calendar – New Business

 

37.

City Council Comments on the FY 2022 Proposed Biennial Budget 
Supplemental material (Supp 3)
From: City Manager 
Recommendation: Provide comments on the FY 2022 Proposed Biennial Budget.  
Financial Implications: See report 
Contact: Rama Murty, Budget Office, (510) 981-7000 

 

38.

Referral Response: Path to Permanence: Outdoor Dining and Commerce in the Public Right-of-Way 
From: City Manager 
Recommendation: Take the following actions to allow for increased outdoor dining and commerce to be permitted permanently in the public right-of-way: 
1. Adopt first reading of an Ordinance revising BMC Section 14.48.190 Parklets and BMC Section 16.18 Right of Way Encroachments and Encroachment Permits to simplify the permitting process for the conversion of temporary parklets and outdoor commerce installations after a declared local emergency; and  
2. Adopt first reading of an Ordinance revising BMC Section 14.48.150 Sidewalk Seating to expand the areas and scope of activities that may be permitted via a sidewalk seating permit (a type of engineering permit) after a declared local health emergency, implement a new fee for the use of parking spaces for commercial activity; and 
3. Adopt a Resolution empowering the City Manager to implement a fee schedule for structures and activities permitted in the public right of way permitted under BMC Sections 14.48.190 Parklets, 14.48.150 Sidewalk Seating after the declaration of a local emergency lapses or is revoked. The resolution extends the current fee waivers for application, review, and use fees for structures and activities permitted in the public right of way permitted under BMC Sections 14.48.190 Parklets, 14.48.150 Sidewalk Seating and 13.44 Street Events and Block Parties from June 30, 2021, to instead coincide with the cessation of the declared local health emergency.  
Financial Implications: See Report 
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 


Information Reports

 

39.

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

 

40.

Update on the Implementation of FIP Task Force Recommendations 
From: City Manager 
Contact: Jennifer Louis, Police, (510) 981-5900 

 

41.

Animal Care Commission 2021/2022 Work Plan 
From: Animal Care Commission 
Contact: Amelia Funghi, Commission Secretary, (510) 981-6600 

 

42.

Planning Commission Work Plan 2021-2022 
From: Planning Commission 
Contact: Alene Pearson, Commission Secretary, (510) 981-7400 


 

Public Comment – Items Not Listed on the Agenda

Adjournment

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

 

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at
http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3.


Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

 

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

 

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

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

COMMUNICATION ACCESS INFORMATION:

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


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

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

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 3, 2021.

 

Mark Numainville, City Clerk

 

Communications – June 15, 2021

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing through Records Online

 

Item #15: FY 2022 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)

Disaster and Fire Safety Commission

Item #35: Letter of Opposition Unless Amended on SB 9

Sally Nelson

Sandra Bernard

Judy Bebelaar

Summer Brenner

Lisa Bruce (2)

Tony Corman

John Harris

Sara Hartley

 Laura Klein

 Thomas Luce

 Michelle Pasternack

 Elaine Chan

 Paul Newacheck

 Dawn Thomas

 Barbara Fisher

 Lynda Caesara

 Doris Nassiry

 Greysonne Coomes

 Pamela Ormsby

 John Rice

 Theresa Gensler

 Tobey Wiebe

 Janice Schroeder

 Andrew Reichart

 Mukta Vie

 Juliet Lamont

 Gianna Ranuzzi

 

Item #37: City Council Comments on the FY 2022 Proposed Biennial Budget

 Hayley Currier, on behalf of TransForm

 

Hiring a Police Chief

 Jack Kurzwell

13 similarly-worded form letter

 

Electrification Plan

 Phoebe Sorgen

 

Homelessness and Crime

 Alex Know, Executive Director of the Telegraph Business Improvement District

 Rohini Haar

 Wende Williams Micco

 Katya Hancock

 Christopher Riess

 

Bike Park

 Steve Matous

 Tetsu Tokunaga

 

Zoning

 Christiine Simon

 Madeleine Shearer (2)

 

Certificate of Service

 Judy Hunt

 

Town Halls Broadcasts on Facebook

 David Lerman (2)

 

Palestine

 Russbumper (2)

 

People’s Park

 Russbumper

 

BART Housing

 Lee Bishop

 Matthew Lewis

 Reynaldo Santa Cruz

 Jason Warriner

 Marla and Rick Faszholz

 Carol Hirth

 Walter Wood

 

Security Cameras

 Elana Auerbach

 

Meeting Procedures

 Christopher Kohler

 

Communications

 Barbara Gilbert

 

AB 537 and SB 556 Bills

 Sue Johnson

 

Minimum Wage – High Rental Cost and Homelessness

 Christopher La Combe

 

Mobile Crisis Response Teams

 John Caner, on behalf of Downtown Berkeley Association

 

Reimbursement of COVID Expenditures to Measure GG

 Disaster and Fire Safety Commission

 

Pathway STAIR Center and 746 Grayson Accessibility

 Homeless Commission

 

Tulsa Riots of 1921

 Carol Wyatt

 

Lack of Park Maintenance

 Bob Flasher

 

Rights of Nature

 Amy Berlin

 

Mayor’s Working Group on Fair and Impartial Policing

 Ismail Ramsey, Kitty Calavita, Mansour Id-Deen, Hector Malvido, Nathan Mizell, Jim Chanin, Elliot Halpern, Moni Law

 

TOPA (Tenants Opportunity to Purchase Act)

 Janice Stockwell

 Sharon Robinson

 @bhghome.com

 Foresta Sieck-Hill

 Daniel Rollingher

 Debbie Sanderson

 Akilah Browne

 Mark Bell

 Betsy Thagard

 Tom Athanasiou and Rachel Sommerville

 Ilona Clark

 LZ Zephyr

 Nancy Pakter

 Linda Lipscomb

 Leah Simon-Weisberg

 Jack Lebeau

 Brittney Goodman (2)

 Brian Ort

 Debra Ballinger

 Zoe Polk

 Greg San Martin

 Rahel Smith

 Tuan Ngo

 Michelle Bergtraun, Alex Bergtraun, Piera Segre

 Joann Sullivan

 Catherine Stern

 Alice Armstrong

 Kathy Snowden

 Kevin Rose-Williams

 Francis McIlveen

 Wendi Lelke-Wallway

 Alan Block (2)

 Cecilia Lunaparra

 Edward Lau

 Peter Muzio

Taptango

Sheila Goldmacher

Jeremy Ehrlich

Cameron Hess

Maureen Kildee

Marc Janowitz

Linda Lipscomb

Barbara Henry

Linda Keilch

Mary Lai

Evita Chavez

Kiran Shenoy (2)

Riya Master

Alfred Twu

Sylvia

Gail Mandella

M. Waitling

Ted Stroll

Erin Le

Joaquin Pochat

8 similarly-worded form letters

71 similarly-worded form letters

77 similarly-worded form letters

84 similarly-worded form letters

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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