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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.

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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.

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General Information
General Information

Regular Meeting eAgenda
September 14, 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, September 14, 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/84315527586. 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: 843 1552 7586. 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.

 
  1. Pledge of Allegiance to the Flag
  2. Presentation on SB 1383 Implementation from StopWaste 
        Presentation

 

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.

 

Recess Items

1.

Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a sole source contract and any amendments with the Berkeley Convention and Visitors’ Bureau, d.b.a. Visit Berkeley, to distribute one-twelfth of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for the period from July 1, 2020 through June 30, 2023 for a not to exceed amount of $700,000.  
Financial Implications: Transient Occupancy Tax Fund - $700,000 
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

 

2.

Contract No. 32000240 Amendment: Berkeley Unified School District for Mental Health Services Act-Funded Programs 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute an amendment to Contract No. 32000240 with Berkeley Unified School District (BUSD) to provide Mental Health Services Act (MHSA) funded programs in local schools through June 30, 2022 increasing the contract by $245,000 for a new total not to exceed amount of $637,778. 
Financial Implications: Mental Health Services Act Fund - $245,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

3.

Revenue Grant Contract: Fiscal Year 2021-22 Alcoholic Beverage Control Grant 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a grant contract and any subsequent amendments with the State of California Department of Alcoholic Beverage Control (ABC) in the amount of $72,440 for one fiscal year, July 1, 2021 through June 30, 2022.  
Financial Implications: $72,440 in revenue 
Contact: Jennifer Louis, Police, (510) 981-5900

 

4.

Contract: ERA Construction, Inc. for 1322 Glendale Avenue Retaining Wall Project 
From: City Manager 
Recommendation: Adopt a Resolution ratifying  the action taken by the City Manager during recess to approve plans and specifications for the 1322 Glendale Avenue Retaining Wall Project, Specification No. 21-11448-C; accept the bid of ERA Construction, Inc. as the lowest responsive and responsible bidder; and 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 $1,038,103, which includes a 10% contingency for unforeseen circumstances. 
Financial Implications: Various Funds - $1,038,103 
Contact: Liam Garland, Public Works, (510) 981-6300

 
 
 

5.

Contracts: TBWBH Props and Measures and V.W. Housen & Associates for Vision 2050 Implementation Services 
From: City Manager 
Recommendation: Adopt two Resolutions ratifying the action taken by the City Manager during recess to execute contracts with:  
1. TBWBH Props and Measures for one year in an amount not to exceed $175,000; and  
2. V.W. Housen & Associates for one year in an amount not to exceed $175,000, for Vision 2050 Implementation Services. 
Financial Implications: General Fund - $350,000 
Contact: Liam Garland, Public Works, (510) 981-6300

 

6.

Contract: Elavon for Recreation Online Registration Payment Processing 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess, authorizing the City Manager to execute a contract with Elavon for online credit card payment processing transaction services for the Recreation Division’s online registration system, for an amount not to exceed $220,000 for the term commencing on or about September 1, 2021 through May 31, 2023.  
Financial Implications: Various Funds - $220,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

Consent Calendar

7.

 Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19) and Determining the Immediate Need for and Adopting a City Employee Vaccination Policy 
Supplemental material (Supp 2)
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, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, and July 20, 2021, and reviewing the need to adopt an employee vaccination policy immediately and ratifying adoption of such policy in advance of completion of the meet-and-confer process regarding the policy’s potential bargainable impacts pursuant to Government Code section 3504.5 
Financial Implications: See report 
Contact: Farimah Brown, City Attorney, (510) 981-6950, Dee Williams-Ridley, City Manager, (510) 981-7000

 

8.

Establish 2022 City Council Meeting Schedule 
From: City Manager 
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2022, with starting times of 6:00 p.m.  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

9.

Minutes for Approval 
From: City Manager 
Recommendation: Approve the minutes for the council meetings of July 1, 2021 (closed), July 13, 2021 (closed and regular), July 14, 2021 (closed), July 20, 2021 (special-4pm and special-6pm), July 27, 2021 (closed, special and regular) and July 29, 2021 (special).  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 

10.

Contract No. 108410-1 Amendment: Paw Fund for Spay and Neuter Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 108410-1 with Paw Fund to provide no cost spay and neuter surgeries to eligible pet owners, to increase the amount by $9,812 for a total contract amount not to exceed $116,966 and subject to the City’s annual appropriation process, and to extend the contract through September 14, 2022.  
Financial Implications: General Fund - $9,812 
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

 

11.

Adopt a Resolution Authorizing MuniServices, LLC to Examine the Local Sales or Transactions and Use Tax Records on Behalf of the City of Berkeley 
From: City Manager 
Recommendation: Adopt a Resolution authorizing MuniServices, LLC to perform examination of the local sales or transactions and use tax records.  MuniServices provides City of Berkeley sales tax audit services which includes examination of the Local Sales or Transactions and Use Tax records pertaining to the Bradley-Burns Local Sales and Use Tax Law which is part of the Revenue and Taxation Code in California. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

12.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 14, 2021 
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 - $4,075,000 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

13.

Amendments to Berkeley Municipal Code Section 19.44.020 (Housing Advisory Commission) 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 19.44.020 to include oversight of Measure O bond-funded housing initiatives as established by Resolution No. 68,703-N.S. and future voter-approved bonds and measures dedicated to affordable housing.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

14.

Contract No. 10209E Amendment: Bay Area Hearing Voices Network 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 10209 with Bay Area Hearing Voices Network for hearing voices support groups for adults and youth who hear voices and have visions, to increase the amount by $34,736 for a total contract amount not to exceed $137,914, and to extend the contract through June 30, 2022.  
Financial Implications: Mental Health Services Act Fund - $34,736 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

15.

Mental Health Services Act Fiscal Year 2021-2022 Annual Update 
From: City Manager 
Recommendation: Adopt a Resolution approving the Mental Health Services Act Fiscal Year 2021-2022 Annual Update, which provides information on current and proposed uses of funds for mental health programming, and forwarding the Update to appropriate state officials.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

16.

Revenue Contract: Department of Health Care Services Performance Contract for City of Berkeley 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with the California Department of Health Care Services (DHCS) from July 1, 2021 through June 30, 2024, for the Mental Health Services Act (MHSA), Lanterman-Petris-Short (LPS) Act, Projects for Assistance in Transition from Homelessness (PATH), Community Mental Health Services Block Grant (MHBG), and Crisis Counseling Assistance and Training Program (CCP) programs and county provision of community mental health services pursuant to the Bronzan-McCorquodale Act. For the purposes of this contract, DHCS considers the City of Berkeley a small County.  
Financial Implications: Approximately $26,035,194 (revenue) 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

17.

Revenue Contracts: FY 2022 Aging Services Programs 
Revised material (Supp 2)
From: City Manager 
Recommendation: Adopt five Resolutions authorizing the City Manager or her designee to execute any resultant revenue agreements and amendments with Alameda County to provide congregate and home-delivered meals, family caregiver support, senior center activities, and information and assistance services to seniors for the following programs for Fiscal Year 2022:  
1. Congregate Meals in the amount of $47,000;  
2. Home Delivered Meals in the amount of $57,527;  
3. Family Caregiver Support Program in the amount of $41,195;  
4. Senior Center Activities in the amount of $28,350; and  
5. Information and Assistance Services in the amount of $61,500.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

18.

Classification and Salary Range: Communications Specialist 
From: City Manager 
Recommendation: Adopt a Resolution amending Resolution No. 69,998-N.S. Classification and Salary Resolution for Unrepresented Manual to add to Unit Z-2 (Confidential Professional Employees) the classification Communications Specialist with an hourly salary range of $47.33 - $56.18 effective September 14, 2021. 
Financial Implications: See report 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

 

19.

Contract 104583-1 Amendment: Government Finance Officers Association for System Design Document Review to Support Enterprise Resource Planning Implementation 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with the Government Finance Officers Association for business process review services, increasing the amount by $40,000 for a total contract value not to exceed $194,285 from March 16, 2015 to December 30, 2021.  
Financial Implications: FUND$ Replacement Fund - $40,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

20.

Contract No. 32100060 Amendment: RevolutionCyber, LLC for Professional Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100060 with RevolutionCyber, LLC for additional professional services for the implementation of the City’s Data Safety program, for an amount not to exceed $19,250 and a total contract value not to exceed $121,275 from November 13, 2020 through June 30, 2022.  
Financial Implications: General Fund - $19,250 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

 

21.

Contract No. 10785 Amendment: West Coast Arborist, Inc. for Tree Removal and Pruning Service 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 10785 with West Coast Arborist, Inc. for tree removal and pruning service by increasing the contract amount by $250,000 for a not-to-exceed amount of $1,190,000 and extending the term to November 24, 2023.  
Financial Implications: Parks Tax Fund - $250,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

22.

Contract No. 31900137 Amendment: ELS Architecture and Urban Design for On-Call Architectural Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900137 for on-call architectural services with ELS Architecture and Urban Design by increasing the contract amount by $900,000 for a total not-to-exceed amount of $2,600,000.  
Financial Implications: Measure T1 Fund - $900,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

23.

Contract No. 31900202 Amendment: Bay Area Tree Specialists for As-needed Tree Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 31900202 with Bay Area Tree Specialists for as-needed tree services, increasing the amount by $300,000 for a total contract amount not-to-exceed $800,000 and extend the term to May 28, 2023.  
Financial Implications: Various Funds - $300,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

24.

Contract No. 31900218 Amendment: West Coast Arborists, Inc. for As-needed Tree Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 31900218 with West Coast Arborists Inc. for as-needed tree services, increasing the amount by $300,000 for a total-amount-not to exceed amount of $500,000 and extend the term to May 28, 2023.  
Financial Implications: Various Funds - $300,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

25.

Purchase Orders Extension: Diesel Direct West, Inc. for Fuel for City Vehicles and Equipment 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend the multi-year purchase orders with Diesel Direct West, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,400,000 for a total amount not to exceed $8,844,000, and extending the term through June 30, 2022 or until authorized funds are exhausted.  
Financial Implications: Various Funds - $1,400,000 
Contact: Liam Garland, Public Works, (510) 981-6300

 

26.

Transfer of Two Property Parcels to the State of California for the Ashby-San Pablo Intersection Improvements Project 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute the attached Grant Deed for Parcel No. 63719 and Quitclaim Deed for easement on Parcel No. 63720-1 with the State of California, Department of Transportation (“Caltrans”) and any associated documents as necessary for the transfer of the property interests in these two parcels of property to Caltrans, for the Ashby-San Pablo Intersection Improvements Project (“Project”), Specification No. 18-11182-C.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

 

27.

Recommendations for Fleet Electrification Policy and Financing 
From: Energy Commission 
Recommendation: Refer to the City Manager to update the Municipal Fleet Electrification Assessment and electric vehicle (EV) charging funding priorities to respond to the City Auditor’s Report “Fleet Replacement Fund Short Millions” and to align with the objectives stated in the City’s Electric Mobility Roadmap to Prioritize Municipal Fleet Modal Shift to Electric Bicycles and Other Forms of Zero-Emissions Mobility Where Feasible.  
Financial Implications: See report 
Contact: Billi Romain, Commission Secretary, (510) 981-7400

 

28.

Letter of Support for SB-459 Political Reform Act of 1974: Lobbying 
From: Open Government Commission 
Recommendation: Send a letter of support to Senator Nancy Skinner in support of SB-459 Political Reform Act of 1974: Lobbying. 
Financial Implications: None 
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

 

29.

Referral Response: Recommendation to Retain Current Structure of Zero Waste Commission 
From: Zero Waste Commission 
Recommendation: The Zero Waste Commission recommends that its current structure remain intact, and with an updated charter that reflects historic goals, and both current and future developments in the City of Berkeley’s Zero Waste programs, facilities, services, policies, and state- and county-imposed mandates.  
Financial Implications: See report 
Contact: Heidi Obermeit, Commission Secretary, (510) 981-6300

 

Council Consent Items  

30.

2022 UC Berkeley Chicanx Latinx Legacy Event 
From: Mayor Arreguin (Author) 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Mayor Arreguin, to the UC Berkeley Chicanx Latinx Alumni Association, the fiscal sponsor of the 2022 UC Berkeley Chicanx Latinx Legacy Events, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.  
Financial Implications: Mayor’s Discretionary Funds - $1,000 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

31.

Annual Appropriations Ordinance (AAO) Referral: Supply Bank 
From: Mayor Arreguin (Author) 
Recommendation: Refer to the November 2021 Annual Appropriations Ordinance process $25,000 for Supply Bank to support their services in providing essential school supplies to Berkeley families.  
Financial Implications: $25,000 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

32.

Expansion of the Berkeley Fair Elections Program 
From: Mayor Arreguin (Author), Councilmember Droste (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Councilmember Harrison (Co-Sponsor) 
Recommendation: Refer to the Fair Campaign Practices Commission (FCPC) to develop an ordinance to expand the Berkeley Fair Elections Program to include School Board Director, Rent Board Commissioner and City Auditor among the offices eligible to participate in the public financing program.  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

 

33.

Resolution in Support of Observance of August 30, the International Day of the Victims of Enforced Disappearances in El Salvador 
From: Councilmember Kesarwani (Author), Councilmember Harrison (Co-Sponsor) 
Recommendation: Adopt a Resolution in support of retroactively enacting August 30 as a day of observance in recognition of the International Day of the Victims of Enforced Disappearances in El Salvador.  
Financial Implications: None 
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

 

34.

Resolution Expressing Conceptual Support for an East Bay Wildfire Prevention and Vegetation Management Joint Powers Agency 
Revised material (Supp 1)
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Droste (Co-Sponsor), Councilmember Taplin (Co-Sponsor) 
Recommendation: Adopt a Resolution in favor of Conceptual Support for an East Bay Wildfire Prevention and Vegetation Management Joint Powers Agency.  
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

 
 

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.

 

35.

Adoption of the Baseline Zoning Ordinance (BZO) 
Revised material (Supp 2)
Revised material (Supp 3)
  Presentation
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance rescinding the current Berkeley Municipal Code (BMC) Title 23 and adopting the new Baseline Zoning Ordinance (BZO) as BMC Title 23 with an effective date of December 1, 2021.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 

Action Calendar - Old Business

36.

Objective Standards Recommendations for Density, Design and Shadows 
From: Joint Subcommittee for the Implementation of State Housing Laws(Continued from July 27, 2021) (Item contains supplemental material) 
Recommendation: Refer to the Planning Commission and Design Review Committee to review the recommendations from the Joint Subcommittee for the Implementation of State Housing Laws (JSISHL) for objective standards for density, design and shadows and draft Zoning Ordinance amendments for City Council consideration.  
Financial Implications: See report 
Contact: Alene Pearson, Commission Secretary, (510) 981-7400

  

37.

Amending the Berkeley Election Reform Act (BERA) Relating to Officeholder Accounts (Reviewed by the Agenda & Rules Committee) (Continued from May 25, 2021) 
From: Agenda & Rules Committee: Mayor Arreguin, Councilmembers Hahn and Wengraf 
Recommendation: Take one of the following actions: 
1. Refer a proposal to the Fair Campaign Practices Commission (FCPC) amending the Berkeley Election Reform Act (BERA), BMC Chapter 2.12, and Lobbyist Registration Act, BMC Chapter 2.09, to enact “a reasonable set of limitations and rules” to regulate the maintenance of officeholder accounts, as developed and referred for consideration by the Agenda and Rules Committee; or 
2. Refer a proposal to the FCPC amending BERA, BMC Chapter 2.12, to prohibit Officeholder Accounts, as originally proposed by the Fair Campaign Practices Commission.  
Policy Committee Recommendation: Send the item to Council with two proposed alternatives: 1) Councilmember Hahn’s proposal to regulate officeholder accounts, and 2) the Fair Campaign Practices Commission proposal to prohibit officeholder accounts; and to include the Commission’s analysis of regulating officeholder accounts in the item that goes to the full Council.  
Financial Implications: See report 
Contact: Agenda & Rules Committee members: Jesse Arreguin, Committee Chair, (510) 981-7100, Sophie Hahn, Councilmember, District 5, (510) 981-7150,
Susan Wengraf, Councilmember, District 6, (510) 981-7160

 

Action Calendar - New Business

 

38.

Referral to the Zero Waste and Energy Commission (or Successor Commission) to Hold Joint Meetings to Conduct Community Outreach and Education Events with Regard to the Proposed Ordinance Regulating the Use of Carryout and Pre-checkout Bags and to Make Recommendations to the Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Committee (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) 
Revised material (Supp 1)
From: Councilmember Harrison (Author) 
Recommendation: Refer to Berkeley’s Zero Waste and Energy Commissions (or successor Commission) to hold joint meetings regarding the proposed Ordinance regulating the use of carryout and pre-checkout bags and promoting the use of reusable bags by December 31, 2021.  
As part of the series of meetings, the Commissions should: 1. strive to conduct community/business outreach and education events to include, but not limited to the following entities: a. all stores and events that provide pre-checkout bags (e.g., grocery stores, convenience stores, food marts, and food vendors);  b. all restaurants, take-out food stores, food trucks, permitted events, and any other commercial establishment not regulated by the state that provide carryout bags; and 2. make any recommendations with respect to any amendments and appropriate phasing to the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee. 
Policy Committee Recommendation: Make a positive recommendation to the City Council that the Council direct the Zero Waste and Energy Commission (or successor Commission) to hold joint meetings to conduct community outreach and education events and recommend proposed changes and appropriate phasing to the FITES Committee. 
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

39.

Open Government Commission Recommendations to City Council Regarding Teleconferenced Meetings 
Supplemental material (Supp 2)
From: Open Government Commission 
Recommendation: Establish City Council practices for holding public meetings via teleconference technologies: (1) clearly define how the order of public speakers is determined and maintain a speaker’s queue visible to members of the public; (2) clearly outline the process by which a speaker may cede time to another speaker; and (3) require that addendums to agendized items be made accessible to the public on the City Website as soon as they are made available to members of City Council. 
Financial Implications: None 
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

 
Information Reports

40.

Implementation of California Senate Bill 1383 Short-Lived Climate Pollutants 
From: City Manager 
Contact: Liam Garland, Public Works, (510) 981-6300

 

41.

Mental Health Services Center Renovation Project Wins American Public Works Association (APWA) National Award 
From: City Manager 
Contact: Liam Garland, Public Works, (510) 981-6300

 

42.

Fair Campaign Practices Commission FY2021-2022 Work Plan 
From: Fair Campaign Practices Commission 
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

 

43.

Open Government Commission FY2021-2022 Work Plan 
From: Open Government Commission 
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

 

44.

City Auditor Fiscal Year 2022 Audit Plan 
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 Thursday, September 2, 2021. 

Mark Numainville, City Clerk

Communications – September 14, 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.

Homelessness + RV’s + Tent Encampments + Harassing Business Customers + City of Reno Outreach and Enforcement Solution, Etc.

  1. John Caner on behalf of Downtown Berkeley Association
  2. Councilmember Harrison
  3. Todd Andrew (2)
  4. Margot Smith
  5. Eric Friedman
  6. Jan Nakamura
  7. Nathan Scullion
  8. Diana Bohn (4)
  9. Russbumper
  10. Daisy Reynado, owner of University Haircare
  11. Wini Williams
  12. Steve Martinot
  13. Kenneth Berland
  14. Elana Auerbach
  15. Alex Sharenko
  16. Brent Mishler
  17. Kathleen Curran
  18. Shmuel Weissman
  19. Hillary Kilmnik
  20. Ben Buettner
  21. Tim Southwick, on behalf of Toyota of Berkeley

  

Housing (Infill + Affordable + BART + ADU)

  1. Avram Gur Arye (3)
  2. Councilmember Harrison
  3. Andreas Clover, on behalf of the Building & Construction Trades Council of Alameda County
  4. Tony Corman
  5. Marica Poole
  6. Chris Paizis

   

SB 9

  1. Berkeley Neighborhoods Council
  2. Madeleine Shearer

   

Berkeley Marina and Ferry

  1. Camille Antinori

  

Dangerous Intersection of Ashby & MLK

  1. Thuan Tran
  2. Farid Javandel, on behalf of the City of Berkeley
  3. Tarik Adnan Moon

   

UC Berkeley Agreement + 1921 Walnut + LRDP

  1. Sas Colby
  2. Peter Smalley
  3. Doug Jackson
  4. Zee Hakimoglu
  5. Shirley Dean
  6. Christine Schwartz
  7. Diana Bohn
  8. Marcia Poole
  9. Margot Smith
  10. Nazli Parvizi
  11. Natalie Logusch
  12. Greysonne Coomes

   

Berkeley Mutual Aid

  1. David Peattie, on behalf of Berkeley Disaster Prep Neighborhood Network (2)

   

Ghost Guns

  1. Eric Friedman

   

Consolidating Human Welfare & Peace and Justice Commissions

  1. Praveen Sood, Chair of Human Welfare and Community Action Commission

   

Francisco Street Danger

  1. David Lerman
  2. Public Works, City of Berkeley

   

Easy Does It Emergency Services – Abuse of Clients and Staff

  1. HolLynn
  2. Omowale Fowles

   

Frances Albrier Community Center Funding

  1. Mikko Jokela

   

Berkeley Labor Commission

  1. Andrea Mullarkey

   

Eden I&R Newsletter

  1. Eden I&R (2)

  

Palestinian Action

  1. Linda Franklin

   

Pet Parade in Downtown Berkeley

  1. John Caner
  2. Amy Murray

   

Vaccinations

  1. Vivian Warkentin

   

August 8th as Burma Day

  1. Jeremiah Pinguelo

   

5G

  1. Carol Hirth
  2. Stephanie Thomas

   

Police Use of Military Equipment

  1. Carol Denney

   

Skate Park

  1. Beth Mora

   

FAA Flight Pattern Change

  1. Steven Miyake

   

Unusual Problems in the Supreme Court

  1. Christopher Johnson

   

Afghanistan Crisis

  1. Crystal Ngo

   

Disposition of Council Referral PRJ 0019733 and PRJ 0012451

  1. Katherine Lee, Interim Director of Police Accountability

   

Requiring Vaccinations for Police Department Employees

  1. Izzy Ramsey, on behalf of the Police Accountability Board
  2. LaTanya Bellows, Human Resources Director

   

Defective Induction Cooktops

  1. Ben Hubbell

   

Demise of Milvia Street, near Civic Center

  1. Michael Katz

  

Downtown Berkeley Association Staff Incident

  1. Moni Law

  

Abusive Noise from 2734 College Avenue

  1. Anne Whyte

   

California’s Drought

  1. Wende Williams Micco
  2. Berkeley’s Mayor Office

   

Community Gardens and Open Space

  1. Bonnie Borucki

   

URL’s Only

  1. Russbumper (6)

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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