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

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

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

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

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

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

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

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

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

Translation Disclaimer

Quick Links

 

General Information
General Information

Regular Meeting eAgenda
September 28, 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 28, 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

Notice: We are experiencing technical difficulties with the Live Webcast of the September 28, 2021 meeting. You can watch the meeting on Channel 33 or access the meeting remotely using Zoom.

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/82143975247. 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: 821 4397 5247. 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. Adjournment in Memory of Professor Leon Litwack, UC Berkeley Professor

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 Items

Re-Establishing a COVID-19 Business Damage Mitigation Fund 
Supplemental material (Supp 3)
 From: Mayor Arreguin
Recommendation: 
Refer to the City Manager to re-establish the COVID-19 Business Damage Mitigation Fund 
in an amount up to $50,000 to provide one-time grants to small businesses who 
experience property damage due to vandalism and other problematic behavior during 
this COVID-19 local State of Emergency. Authorize the City Manager to appropriate funding for the
 Mitigation Fund from Berkeley Relief Fund donations received through the East Bay Community Foundation.  
Financial Implications: Up to $50,000
Contact: Mayor Jesse Arreguin, (510) 981-7100

Resolution Making Required Findings Pursuant to the Government Code and Directing City
Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
 
From: City Attorney's Office 
Recommendation: 
Adopt a resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that
as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall
continue to meet via videoconference and teleconference.  
Financial Implications: To be determined 
Contact: Farimah Brown, City Attorney (510) 981-6998

 

 

Recess Item

1.

Contract No. 32100192 Amendment: California Constructores for Construction of Pedestrian Improvements at California Street/Dwight Way Intersection 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32100192 with California Constructores for work on the Fiscal Year 2020 Sidewalk Repairs Project, Specification No. 20-11409-C, to perform safety-related pedestrian improvements at the California Street/Dwight Way intersection, increasing the current contract amount by up to $175,900, for a total amount not to exceed $2,175,900.  
Financial Implications: General Fund - $175,900 
Contact: Liam Garland, Public Works, (510) 981-6300

 
 
 
 

2.

Amendments to Berkeley Municipal Code Section 19.44.020 (Housing Advisory Commission) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,782–N.S. 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. 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 
 

3.

Transfer of Two Property Parcels to the State of California for the Ashby-San Pablo Intersection Improvements Project 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,783-N.S. 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.  
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

 
 
 

4.

Contract No. 9712A Amendment: QuickCaption, Inc. for Real-Time Closed Captioning Stenography Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9712A with QuickCaption, Inc. for the provision of real-time closed captioning stenography services, including captioning virtual meetings, at all work sessions, regular and special meetings of the City Council and Successor Agency to the former Redevelopment Agency, increasing the contract by $120,000 for a total not to exceed amount of $321,900.  
Financial Implications: General Fund - $120,000 
Contact: Mark Numainville, City Clerk, (510) 981-6900

 
 

5.

Grant from the William and Flora Hewlett Foundation 
From: City Manager 
Recommendation: Adopt a Resolution accepting a $10,525 grant from the William and Flora Hewlett Foundation, which augments a prior grant of $20,000 awarded and accepted in 2019 for an assessment of arts space affordability challenges, displacement risks and possible strategies to protect affordable spaces for arts organizations, artists and cultural workers in Berkeley.  
Financial Implications: $10,525 (Grant) 
Contact: Dave White, City Manager's Office, (510) 981-7000

 
 

6.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 28, 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 - $6,675,000 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 
 

7.

Contract: Genasys for Citywide Outdoor Warning System 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Genasys, Inc. for consulting, planning, construction, installation, software hosting, and implementation of a Citywide Outdoor Warning System (OWS), for a total amount not to exceed $1,974,457.  
Financial Implications: Measure FF - $1,974,457 
Contact: Abe Roman, Fire, (510) 981-3473

 
 

8.

Grant Application: Funding from FEMA’s Assistance to Firefighters Grant to Support a Regional Fire Service Leadership Development Academy  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program in the amount of $168,272 to fund a Regional Fire Service Leadership Development Academy (LDA), and to accept grant funds and execute resulting grant agreements. 
Financial Implications: See report 
Contact: Abe Roman, Fire, (510) 981-3473

 
 

9.

Contract No. 31900132 Amendment: Building Opportunities for Self-Sufficiency for Representative Payee Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract amendment with vendor Building Opportunities for Self-Sufficiency (BOSS) to provide Representative Payee services.  The amendment will add $100,000 to the current contract and extend it through June 30, 2022 for a total contract not to exceed amount of $300,000.  
Financial Implications: Mental Health Service Act Fund - $100,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 
 

10.

Contract: Berkeley Free Clinic for Laboratory Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with the Berkeley Free Clinic (BFC) for laboratory services, in an amount not to exceed $150,000 for the period July 1, 2021 through June 30, 2024.  
Financial Implications: General Fund - $150,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 
 

11.

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 between the City of Berkeley and Alameda County Behavioral Health Care Services for the term July 1, 2021 through June 30, 2023 for an expenditure of up to $491,933 to fund the operational costs of a Mental Health Wellness Center located in Berkeley.  
Financial Implications: Mental Health Service Act Fund - $491,933 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 
 

12.

Donation: Memorial Bench at Cesar Chavez Park in Memory of Nancy Park 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Nancy Park.  
Financial Implications: $3,400 (donation) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 
 

13.

Donation: Memorial Bench at Greg Brown Park in memory of Michael, Anna, and John Wyman 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Greg Brown Park in memory of Michael, Anna, and John Wyman.  
Financial Implications: $3,400 (donation) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 
 

14.

Donation: Memorial Bench at the Jane Hammond Softball Field at Corodonices Park in memory of Dixie Lewis 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Jane Hammond Softball Field at Codornices Park in memory of Dixie Lewis.  
Financial Implications: $3,400 (donation) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 
 

15.

Donation: Memorial Bench at Shorebird Park at the Berkeley Marina in Memory of Shay M. Finnegan 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Shorebird Park in memory of Shay M. Finnegan.  
Financial Implications: $3,400 (donation) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 
 

16.

Exclusive Negotiating Agreement with Innovation Properties Group for 199 Seawall Drive 
Revised material (Supp 3)
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an Exclusive Negotiating Agreement with Innovation Properties Group to develop a pre-development agreement that could lead to a long-term lease of City property at 199 Seawall Drive and a short-term license for a portion of the adjacent parking lot.  
Financial Implications: None 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 
 

17.

Contract No. 10508 Amendment: Ben Noble, City and Regional Planning for Zoning Ordinance Revision Project (ZORP) 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10508 with Ben Noble, City and Regional Planning, to develop objective standards in the Zoning Ordinance as ZORP Phase 2, increasing the contract amount by $125,000 to a new total not-to-exceed contract amount of $425,000, and extending the contract period to December 31, 2023.  
Financial Implications: General Fund - $125,000 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 
 

18.

Lease Agreement with Motorola Solutions for Public Safety Radios 
Supplemental material (Supp 3)
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an initial seven-year lease and any future amendments with seven annual payments estimated at $920,000 and not to exceed $6.5 million dollars total for public safety radios with Motorola Solutions. 
Financial Implications: See report 
Contact: Jennifer Louis, Police, (510) 981-5900, Abe Roman, Fire, (510) 981-3473

 
 

19.

Purchase Orders: Bruce’s Tire, Inc. for New Automobile and Truck Tires 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute yearly purchase orders for new tires for City owned vehicles and equipment with Bruce’s Tire, Inc. in an amount not to exceed $2,900,000 for FY 2022 through FY 2026.  
Financial Implications: Equipment Maintenance Fund - $2,900,000 
Contact: Liam Garland, Public Works, (510) 981-6300

 
 

20.

Extending the Requirements for Telestaff Time Reporting 
From: Disaster and Fire Safety Commission 
Recommendation: The Disaster and Fire Safety Commission (DFSC) recommends that the Berkeley Fire Department require that all overtime recorded for Fire Suppression be coded properly in the Telestaff application to show the reason for the overtime. Further, to assist determining what overtime is eligible to be charged to Measure GG as “Minimum Staffing” that overtime must be properly coded as supporting minimum staffing.  (Currently, this would be code 00FS10 and 00FS11). This would not affect charges for Measure GG approved time or overtime.  In addition, we recommend that in any future reports to the DFSC on Measure GG budget that the report include a breakdown of the time by labor purpose of both regular and overtime.  
Financial Implications: See report 
Contact: Keith May, Commission Secretary, (510) 981-3473

 
 

21.

Appointment of Tommy Escarcega to Mental Health Commission 
From: Mental Health Commission 
Recommendation: Adopt a Resolution appointing: Tommy Escarcega as a representative of the Special Public Interest, Consumer Category, to complete her first 3-year term beginning September 29, 2021 and ending September 28, 2024.  
Financial Implications: None 
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

 
 
Council Consent Items

22.

Referral to Strengthen Public Health and Environmental Impact Mitigation for Industrial Facilities in the Manufacturing Zone 
Revised material (Supp 2)
From: Councilmember Kesarwani (Author), Councilmember Taplin (Co-Sponsor), Councilmember Droste (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) 
Recommendation: Refer to the City Manager to: Establish a procedure for enhanced review of use permits in the manufacturing zone for industrial facilities—upon initial submission or upon submission of an amended use permit—in order to ensure public health and environmental impacts are appropriately mitigated as a condition of the use permit. Further, if appropriate, consider mitigation that includes the use-permit applicant contracting with a certified third-party to install air quality monitoring device(s) that can enable periodic reporting on pollutants relevant to the particular industrial process proposed in the initial or amended use permit. Explore feasibility of increasing penalty fee schedule as a deterrence for use-permit violations related to public health and environmental impacts, such as air, noise, and water pollution.  
Financial Implications: Staff time 
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

 
 

23.

Amending BMC Section 14.56.070 for 3-Ton Commercial Truck Weight Limit on Berkeley’s Bicycle Boulevards and on At-Risk West Berkeley Residential Streets 
Supplemental material (Supp 2)
Supplemental material (Supp 3)
From: Councilmember Taplin (Author), Councilmember Kesarwani (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.56.070 to add 3-ton commercial truck weight limits on: 
1. Ninth Street between Dwight Way and Heinz Avenue 
2. Addison Street between San Pablo Avenue and Sixth Street; 
3. Allston Way between San Pablo Avenue and Sixth Street; 
4. Bancroft Way between San Pablo Avenue and Sixth Street;  
5. Channing Way between San Pablo Avenue and Fourth Street; 
6. Dwight Way between San Pablo Avenue and Sixth Street; 
7. Camelia Street between Eighth Street and Ninth Street; 
8. Eighth Street between Jackson Street and Camelia Street; 
9. Ninth Street between Camelia Street and Cedar Street; 
10. Virginia Street between Sacramento Street and Martin Luther King Jr. Way; 
11. Virginia Street between Shattuck Avenue and Euclid Avenue; 
12. Channing Way between Martin Luther King Jr. Way and Piedmont Avenue; 
13. Heinz Avenue between Ninth Street and San Pablo Avenue; 
14. Russell Street between San Pablo Avenue and Shattuck Avenue; 
15. Russell Street between Telegraph Avenue and Claremont Avenue; 
16. California Street between Hopkins Street and University Avenue; 
17. California Street between Dwight Way and Russell Street; 
18. King Street between Russell Street and Stanford Avenue; 
19. Milvia Street from Dwight Way to Russell Street; 
20. Bowditch Street from Bancroft Way to Dwight Way; 
21. Hillegass Avenue from Dwight Way to Woolsey Street  
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

 
 

24.

Resolution in Support of Afghan Refugees 
From: Councilmember Taplin (Author), Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a Resolution in support of refugees from Afghanistan.  
Financial Implications: None 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

 

25.

  Accessible Recreation Center for Ashby BART East Parking Lot (Item contains revised materials) 
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) 
Recommendation: Refer to the City Manager to explore the feasibility of incorporating an accessible recreation center as part of the development of the Ashby BART East Parking Lot. 
Financial Implications: See report 
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

 
 

26.

Adopt a Resolution Renewing and Re-Affirming Wildfire Prevention and Safety 
Revised material (Supp 1)
From: Councilmember Wengraf (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation: Request that the Berkeley City Council adopt a resolution re-affirming that wildfire prevention and safety is a top priority in the City of Berkeley.  
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

 
 

27.

Amending BMC Section 14.56.040 to Reduce the Commercial Weight Limit on Marin Ave 
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Droste (Co-Sponsor) 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.56.040 to reduce the commercial vehicle weight limit from four tons gross weight to three tons gross weight on Marin Avenue between Grizzly Peak Boulevard and The Marin Fountain Circle.  
Financial Implications: See report 
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. 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.

 
 

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.

 
 

28.

ZAB Appeal: 2943 Pine Avenue, Use Permit #ZP2020-0107 
Presentation
From: City Manager 
Recommendation: Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2020-0107 to construct a 729 square-foot, second-story addition to an existing one-story 1,822 square-foot single-family dwelling, with an average height of 23 feet 1 inch, add a fifth bedroom, and legalize an existing 10-foot fence at the rear and left side, on a lot that is existing non-conforming for lot coverage, and dismiss the appeal.  
Financial Implications: None 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 
 

29.

Response to Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns; Amending BMC Chapters 23C.24 and 23F.04 (Continued from July 13, 2021) 
Supplemental material (Supp 1)
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of a local Accessory Dwelling Unit (ADU) Ordinance [Berkeley Municipal Code (BMC) Chapter 23C.24] and amendments to relevant Definitions [BMC Chapter 23F.04] in the Zoning Ordinance.  
Financial Implications: None 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

 
 

30.

Adopt a Resolution and Ordinance for a Shared Electric Micromobility Permit Program 
From: City Manager 
Recommendation: Conduct a public hearing and upon its conclusion:  
1. Adopt a Resolution approving a Shared Electric Micromobility Permit Program, establishing fees for the program, and designating the City Manager as custodian of the program; and  
2. Adopt the first reading of an Ordinance adding Berkeley Municipal Code Chapter 14.63 and amending Chapter 14.68 to establish the Shared Electric Micromobility Permit Program and related parking regulations.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

 
  
 

31.

Approval of Interim Regulations for the Police Accountability Board and Office of the Director of Police Accountability for Handling Complaints Against Sworn Officers of the Police Department 
Revised material (Supp 2)
From: Police Accountability Board and Director of Police Accountability 
Recommendation: Approve Interim Regulations to be used by the Police Accountability Board and Director of Police Accountability for Handling Complaints Against Sworn Officers of the Police Department under City Charter Article XVIII, Section 125 (Measure II). The City Council is asked to choose between the Board’s modified proposal, conditioned upon City Attorney approval, or the Interim Director’s preferred version.  
Financial Implications: None 
Contact: Katherine Lee, Interim Director of Police Accountability, (510) 981-4950

 
 
Action Calendar – Public Hearing

32.

Adoption of the Baseline Zoning Ordinance (BZO) (Continued from September 14, 2021) (Item contains supplemental material) 
Supplemental material (Supp 1)
Supplemental material (Supp 2)
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
 

33.

Objective Standards Recommendations for Density, Design and Shadows 
From: Joint Subcommittee for the Implementation of State Housing Laws (Continued from September 14, 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

 
 
 

34.

Sanctuary City Contracting Compliance Report for FY 2020 
From: City Manager 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

 
 

35.

Financial First Aid Kit: A Guide to Emergency Financial Preparedness for Berkeley Residents 
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 16, 2021.

 

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 #26: ZAB Appeal: 2943 Pine Avenue, Use Permit #ZP2020-0107
  1. Anne Nachtwey
  2. Everett and Shannon Hartwell

Tent Encampments - Homelessness

  1. Jae Wheeler, oh behalf of Music Lovers, Inc. (2)
  2. Charles Clarke
  3. Jed Waldman

  

BART Housing

  1. Ann Einkelstein
  2. Theo Posselt
  3. Serena Lim
  4. Elliot Parrish
  5. Matthew Wadlund
  6. Tyson Miklebost
  7. Forest Kaser
  8. Laura Stevens
  9. Jane Scantlebury
  10. Ariella Granett
  11. Betsy Thagard
  12. Donna Graves
  13. Sean Kennedy
  14. Laura Klein
  15. Marcia Freedman

   

Masks – Vaccines – COVID-19

  1. Wise Queen
  2. Alfred Manning
  3. Snowsu2t3@
  4. Vivian Warkentin

   

Satellite Affordable Housing Associates (SAHA)

  1. Sabina McMurtry

UA Homes

  1. Benjamin Hubbell

  

Drinking Water in Berkeley

  1. David Lerman

   

East Bay Community Energy

  1. EBCE

   

1740 San Pablo Ave New Construction – Funding Application

  1. Kate Traynor, on behalf of BRIDGE

   

Support for Affordable Housing Overlay

  1. BNHCA Steering Committee

   

Free Speech at Council Meetings

  1. Barbara Gilbert
  2. Eric Friedman

   

Ashby Garden at 1376 Ashby - Land Purchase Proposal

  1. Bonnie Borucki

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.

 

 

 

 

 

Home | Residents | Businesses | COVID-19 | Services | Elected Officials
Web Policy | Text-Only Site Map | Contact Us
City of Berkeley - Central Administrative Offices, 2180 Milvia St, Berkeley, CA 94704
(510) 981-CITY/2489 or 311 from any landline in Berkeley
TTY: (510) 981-6903
###