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General Information
General Information

Regular Meeting eAgenda
October 26, 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, October 26, 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 Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be 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/87152148000. 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: 871 5214 8000. 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.

 

 

Consent Calendar

 

1.

Ghost Gun Ordinance
 From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Droste (Co-Sponsor)
 Recommendation:
Adopt second reading of an Ordinance amending the Berkeley Municipal Code to prohibit any person other than a licensed manufacturer or importer from possessing, selling, offering for sale, transferring, purchasing, transporting, receiving, or manufacturing an unfinished firearm frame or receiver that has not been imprinted with a serial number, subject to certain exceptions pursuant to state law; and prohibiting any person from possessing, manufacturing or assembling a firearm that has not been imprinted with a serial number, subject to certain exceptions pursuant to state law.
First Reading Vote: All Ayes
 Financial Implications: Staff time
 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

 

2.

Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
 From: City Manager
 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: None
 Contact: Farimah Brown, City Attorney, (510) 981-6950

 

3.

Referral Response: Amending City Council Office Budget Expenditure and Reimbursement Policies
 From: City Manager
 Recommendation:
Adopt a Resolution revising the Councilmember Office Budget Relinquishment and Grant Policy to add that donations to nonprofit organizations be made on behalf of the City Council and the residents of Berkeley. 
 Financial Implications: None
 Contact: Mark Numainville, City Clerk, (510) 981-6900

 


4.

Appointment of Emergency Standby Officer for City Council District 2 and Resignation of Second Stanby Officer for District 7
 From: City Manager
 Recommendation:
Adopt a Resolution confirming the appointment of a newly nominated standby officer for City Council District 2 to serve in the event the elected official is unavailable during an emergency, removing the second standby officer for District 7, and rescinding Resolution No. 69,190-N.S. 
 Financial Implications: None
 Contact: Mark Numainville, City Clerk, (510) 981-6900

5.

Revised Conflict of Interest Code
 From: City Manager
 Recommendation:
Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 69,152–N.S. 
 Financial Implications: None
 Contact: Mark Numainville, City Clerk, (510) 981-6900

 

6.

 Minutes for Approval
 From: City Manager
 Recommendation:
Approve the minutes for the council meetings of September 14, 2021 (closed and regular), September 21, 2021 (special) and September 28, 2021 (closed and regular). 
 Financial Implications: None
 Contact: Mark Numainville, City Clerk, (510) 981-6900

 

7.

Contract No. 32100161 Amendment: Dorothy Day House for Services at 742 Grayson Street
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager to amend contract number 32100161 with Dorothy Day House, adding $548,096 for a new total not to excess amount of $1,657,618, to include the operation of homeless shelter for people living in vehicles in an off-street safe parking program for Recreational Vehicles at 742 Grayson Street, and extending the contract through September 30, 2022. 
 Financial Implications: See report
 Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000

 

8.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 26, 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: Parking Meter Fund - $300,000
 Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

9.

Contract: Federal Engineering, Inc. for Prioritized Dispatch Consulting
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Federal Engineering, Inc. (Contractor) to provide priotiztex dispatch consulting services from November 1, 2021 to October 30, 2022 in an amount not to exceed $100,000 with an option to extend for two additional two-year terms, for a total contract amount not to exceed $300,000. 
 Financial Implications: See report
 Contact: Abe Roman, Fire, (510) 981-3473

10.

Contract No. 31900009 Amendment: Building Opportunities for Self-Sufficiency (BOSS) for Property Management Services at 2111 McKinley Ave
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) to fund property management services at 2111 McKinley Avenue in Berkeley, a supported housing site for mental health division clients, to increase the amount by $287,712 for a total contract not to exceed $657,712, and to extend the contract through November 1, 2023. 
 Financial Implications: FY22 Budget - $287,712
 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

11.

Contract No. 32100019 Amendment: Sonya Dublin Consulting as the External Evaluator, Tobacco Prevention Program
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32100019 with Sonya Dublin Consulting as the External Evaluator for Health, Housing and Community Services Public Health Division’s Tobacco Prevention Program, increasing the amount by $9,900 for a total amount not to exceed $103,500, and extending the contract through December 31, 2021. 
 Financial Implications: See report
 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

12.

Contract: Discovery Health Services, Vendor for Citywide COVID-19 Testing
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Discovery Health Services for weekly onsite employee COVID-19 testing, for the period covering November 1, 2021 to November 1, 2022 for an amount not to exceed $450,000. 
 Financial Implications: See report
 Contact: Donald E. Ellison, Human Resources, (510) 981-6800

 

13.

Contract: Voya for Third-Party Administrator for COBRA Administration and Retiree Health Premium Assistance Plan Administration
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Voya for COBRA Plan administration and administration of the Retiree Health Premium Assistance Plan for non-sworn retirees and other retiree medical programs for sworn Fire and Police, for the period covering November 1, 2021 to November 1, 2026 for an amount not to exceed $112,000. 
 Financial Implications: See report
 Contact: Donald E. Ellison, Human Resources, (510) 981-6800

 

14.

Resolution Authorizing an Amendment to CalPERS Contract Persuant to California Government Code 20516
 From: City Manager
 Recommendation:
Adopt a Resolution to initiate process to amend the contract between the Board of Administration, California Public Employees’ Retirement System and the City Council for the City of Berkeley pursuant to California Government Code 20516 to effectuate changes to the cost sharing agreement between the City and Unrepresented PEPRA members in the following Units: Units X-1 (Unrepresented Hourly Non-Career); X-2 (Retired Annuitants); Z-1 (Confidential and Executive Management Employees); Z-2 (Confidential Professional Employees); Z-3 (Confidential Clerical Employees); Z-6 (Legislative Analysts); and Z-9 (Unrepresented at-will positions in the Rent Stabilization Program) (collectively referred to as “Unrepresented Group”).
 As part of the most recent negotiations regarding the memorandum of understanding between the City and SEIU Local 1021 Maintenance and Clerical (MC), the parties agreed to reduce the MC PEPRA members’ employer cost share (Ramp Down) of eight percent (8%) over the term of the current MOUs. Although the Unrepresented Group is not represented by a labor group, they customarily receive the same negotiated benefits afforded to the MC chapters.
Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

 

15.

Revise Housing Inspector Supervisor Classification and Salary
 From: City Manager
 Recommendation:
Adopt a Resolution amending Resolution No. 69,996-N.S. Memorandum of Understanding: Public Employees Union - Local 1, revising the Housing Inspector Supervisor Classification and Salary. 
 Financial Implications: See report
 Contact: Donald E. Ellison, Human Resources, (510) 981-6800

 

16.

Assistant Inspector, Housing Inspector I, Housing Inspector II, and Senior Housing Inspector
 From: City Manager
 Recommendation:
Adopt a Resolution amending Resolution No. 69,991-N.S. Classification and Salary Resolution for SEIU 1021 Community Services and Part-Time Recreation Activity Leaders Memorandum Agreement, Unit L (career and non-Career, miscellaneous and administrative employees) adding Assistant Inspector, Housing Inspector I, Housing Inspector II and Senior Housing Inspector. 
 Financial Implications: See report
 Contact: Donald E. Ellison, Human Resources, (510) 981-6800

 

17.

Dell Computers, Inc.: Using National Association of State Procurement Officials (NASPO) ValuePoint Cooperative Purchasing Agreement for Computer Hardware and Software Purchases
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager to increase spending authority with Dell Computers, Inc. for the purchase of computer and server hardware, software, and related services, utilizing pricing and contracts, amendments, and extensions from the National Association of State Procurement Officials (NASPO) ValuePoint for the period beginning October 26, 2021 through June 30, 2023 for an amount not-to-exceed (NTE) $1,939,538 with $1,019,769 in Fiscal Year 2022 and $919,769 in Fiscal Year 2023.
 Financial Implications: Various Funds - $1,939,538
 Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000

 

18.

Contract No. 122411-2 Amendment: Communication Strategies for Consulting Services for Voice over IP (VoIP) Extending Support and Maintenance and AT&T Phone Bill Audit
 From: City Manager
 Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 122411-2 with Communication Strategies for Consulting Services for Voice over IP (VoIP) extending Support and Maintenance and in order to conduct a phone billing audit of AT&T, increasing the contract amount by $14,625 for a total not-to-exceed amount of $97,436 from July 1, 2017 to June 30, 2023. 
 Financial Implications: IT Cost Allocation Fund - $14,625
 Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000

 

19.

Grant Application: the San Francisco Restoration Authority Measure AA Grant Program for Pre-Construction documents for Potential Improvement Projects at Aquatic Park
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to: 1) submit a grant application in the amount of $897,000 to the San Francisco Restoration Authority Measure AA Grant Program to prepare pre-construction technical documents for potential improvement projects at Aquatic Park; 2) accept any grants; 3) execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. 
 Financial Implications: See report
 Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

20.

Grant Application: Boating Safety and Enforcement Equipment (BSEE) grant program of the California Division of Boating & Waterways
 From: City Manager
 Recommendation:
Adopt a Resolution authorizing the City Manager or her designee to 1) submit a grant application to the California Division of Boating and Waterways 2021 BSEE grant program for $20,000; 2) accept any grants; and 3) execute any resulting grant agreements and any amendments; and the City Council authorizes the implementation of the projects and appropriation of funding for related expenses subject to securing the grant. 
 Financial Implications: See report
 Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

21.

Renewal of the Elmwood Avenue BID for Calendar Year 2022
 From: Elmwood Advisory Board
 Recommendation:
Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council:  1) approve the 2021 Annual Report and preliminary budget for proposed improvements in the District for calendar year 2022; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2022 and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 16, 2021. 
 Financial Implications: See report
 Contact: Kieron Slaughter, Commission Secretary, (510) 981-7530

 

22.

Renewal of the Solano Avenue BID for Calendar Year 2022
 From: Solano Avenue BID Advisory Board
 Recommendation:
Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council:  1) approve the 2021 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2022; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2022; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 16, 2021 
 Financial Implications: See report
 Contact: Eleanor Hollander, Commission Secretary, (510) 981-7530

 

Council Consent Items

 


23.

Budget Referral: Reckless Driving and Sideshow Deterrence Improvements
Supplemental material (Supp 2)
 From: Councilmember Taplin (Author)
 Recommendation:
That the City Council refers to the FY2023 budget process the funding of sideshow deterrence infrastructure, traffic circles or botts’ dots, at the following intersections:
 Seventh Street and Addison Street, Eighth Street and Channing Way, Bonar Street and Allston Way, Bonar Street and Bancroft Way, additional intersections to be determined by the Transportation Division of the Public Works Department. The Transportation Division shall determine which intersections best qualify for bott’s dots and which qualify for traffic circles. 
 Financial Implications: See report
 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

 

 

 

24.

Budget Referral: Sidewalk Repair on Arterial Streets
 From: Councilmember Taplin (Author)
 Recommendation:
That the City Council refers to the FY2023 budget process an allocation of $600,000 from the General Fund for the purpose of funding sidewalk repairs on major West and South Berkeley arterial streets including Sacramento Street,  Alcatraz Avenue, and Dwight Avenue. 
 Financial Implications: See report
 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

 

25.

CalVIP Grant Application Authorization
 From: Councilmember Taplin (Author)
 Recommendation:
Authorize the City Manager to respond to Requests For Proposals (RFPs) and submit applications to the California Violence Intervention and Prevention (CalVIP) Grant Program in future funding cycles in order to provide resources for community safety initiatives. 
 Financial Implications: None
 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

 

26.

Presentation Request: Study to Achieve Equity in City Contracting - “Berkeley Inclusion in Opportunity Index”
 From: Councilmember Bartlett (Author) and Councilmember Harrison (Co-Sponsor)
 Recommendation:
Request for Mason Tillman Associates Ltd (MTA) to present their findings and recommendations from the “Berkeley Inclusion in Opportunity Index” study at the November 9th, 2021 City Council meeting. The presentation should include an analysis of the City’s use of local, small, emerging, and diverse enterprises. The study focuses on enterprises experiencing barriers to access in obtaining City contracts in construction, architecture, engineering, professional services, goods, and other services. 
 Financial Implications: See report
 Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

 

27.

Support Net Energy Metering
 From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) and Councilmember Harrison (Co-Sponsor)
 Recommendation:
Approve a Resolution in support of Net Energy Metering and transmit copies to Governor Gavin Newsom, State Senator Nancy Skinner, Assemblymember Buffy Wicks, and members of the California Public Utilities Commission Board (CPUC). 
 Financial Implications: None
 Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

 

28.

Amend City Council Rules of Procedure and Order to Allow Extension of Items in Committee in Writing
 From: Councilmember Robinson (Author)
 Recommendation:
Adopt a Resolution revising the City Council Rules of Procedure and Order to amend Chapter III, Section G, Subsection 4 to allow the Chair of a Committee to accept a Primary Author’s written request that their item remain in Committee past the 120 day deadline rather than requiring that extensions be approved by a full vote of the committee. 
 Financial Implications: See report
 Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

29.

Budget Referral: Public Bank East Bay
 From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) and Councilmember Harrison (Co-Sponsor)
 Recommendation:
Refer $50,000 to the November 2021 AAO process for a contribution to the Friends of the Public Bank East Bay for the development of a business plan for the Public Bank East Bay. 
 Financial Implications: General Fund - $50,000
 Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

30.

Budget Referral: Durant Parklet and Telegraph Plaza Improvements
Revised material (Supp 3)
 From: Councilmember Robinson (Author) and Mayor Arreguin (Co-Sponsor)
 Recommendation:
Refer $60,000 to the November 2021 AAO process for placemaking improvements in the Telegraph District, consisting of the installation of a public parklet on Durant Avenue and the closure of the right-turn slip lane at the Dwight Triangle to create a public plaza. 
 Financial Implications: $60,000
 Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 

31.

Budget Referral: Telegraph Shared Streets Feasibility Study
Revised material (Supp 3)
 From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor) and Councilmember Hahn (Co-Sponsor)
 Recommendation:
Refer $500,000 to the November 2021 AAO process for conducting a feasibility study of the Telegraph Shared Streets project. 
 Financial Implications: $500,000
 Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

 


 

 

 Action Calendar

 

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

The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

 

Action Calendar – Public Hearings

 

Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and to determine the number of persons interested in speaking at that time.

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

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

 


32.

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 October 12, 2021) (Item contains supplemental material)
Supplemental material (Supp 1)
Revised material (Supp 2)
Supplemental material (Supp 2)
Presentation
 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

 

33.

Proposed Ordinance Amending Paragraph ‘NN’ of Berkeley Municipal Code  Section 19.48.020 
 Presentation
 From: City Manager
 Recommendation:
Conduct a public hearing and, upon conclusion, adopt the second reading of Ordinance No. 7,788-N.S. which modifies the language of Paragraph ‘NN.’ of Berkeley Municipal Code Section 19.48.020 (“Amendments to the California Fire Code) by adopting a building standard which is more restrictive than that standard currently contained in the California Fire Code and which will expand the existing local code amendment that requires the installation of fire sprinklers in new structures and the retrofit fire sprinklers into existing structures that currently exists in Fire Zone 3 to include structures located in Berkeley Fire Zone 2.
 First Reading Vote: All Ayes 
 Financial Implications: See report
 Contact: Abe Roman, Fire, (510) 981-3473

 

Action Calendar – Old Business

 


34.

Identifying City Council Referrals for Removal (Continued from October 12, 2021)
Supplemental material (Supp 1)
 From: City Manager
 Recommendation:
1. Review the referrals marked as rescinded by the sponsoring Councilmember or District; 2. Consider the referrals identified by Councilmembers for further discussion; and 3. Approve the removal of referrals that have been marked as rescinded by the sponsoring Councilmember or District. 
 Financial Implications: None
 Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

 

35.

Amending the Berkeley Election Reform Act (BERA) Relating to Officeholder Accounts(Reviewed by the Agenda & Rules Committee) (Continued from October 12, 2021)
 From: Agenda & Rules Committee: Mayor Arreguin, Councilmember Hahn, Councilmember 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: Sophie Hahn, Councilmember, District 5, (510) 981-7150

 

36.

Objective Standards Recommendations for Density, Design and Shadows (Continued from October 12, 2021) (Item contains supplemental material)
Supplemental material (Supp 1)
Supplemental material (Supp 3)
 From: Joint Subcommittee for the Implementation of State Housing Laws
 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.

Letter to Senate Budget Committee Chair Sen. Skinner Regarding Berkeley Pier (Continued from October 12, 2021)
Supplemental material (Supp 2)
 From: Councilmember Taplin (Author), Mayor Arreguin (Co-Sponsor), Councilmember Robinson (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
 Recommendation: Send a letter to State Senator Nancy Skinner (D-Berkeley), Chair of the Senate Budget Committee, requesting state budget allocations for urgent infrastructure needs at the Berkeley Municipal Pier. 
 Financial Implications: None
 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

 

 

38.

Budget Referral: Allocate General Fund Revenues to Support Pilot Program Offering Free AC Transit on Sundays in Berkeley (Continued from October 12, 2021) (Item contains supplemental material)
Supplemental material (Supp 3)
 From: Councilmember Harrison (Author) and Councilmember Bartlett (Co-sponsor)
 Recommendation:
Refer to the November 2021 budget process approximately $500,000 in General Fund Revenue toward fully subsidizing AC Transit fares originating from Berkeley on Sundays for at least one calendar year and possible restoration of the suspended Line 80 serving some of Berkeley’s lowest income neighborhoods. 
 Financial Implications: General Fund - $500,000
 Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

 

Action Calendar – New Business

 

39.

Proposal to Allocate Revenues Generated by the Transient Occupancy Tax in the Waterfront Area to the Marina Fund to Avoid Insolvency, Rebuild its Fund Balance and to Stabilize its Finances (Reviewed by the Budget & Finance Policy Committee)
 From:
Parks and Waterfront Commission
 Recommendation: That Council adopt a Resolution adopting a policy that all Transient Occupancy Taxes (TOT hotel tax) generated at the Berkeley Waterfront be allocated to the City’s Marina Enterprise Fund. All other property, sales, utility users, and parking taxes; as well as business license and franchise fees, would continue to be allocated to the City’s General Fund.
 Policy Committee Recommendation: Send the item to Council with a negative recommendation and additionally request a referral to the Budget & Finance Policy Committee to discuss and develop alternative revenue streams for the Marina Fund including a dedicated reserve. 
 Financial Implications: See report
 Contact: Roger Miller, Commission Secretary, (510) 981-6700

 

Information Reports

 

40.

Annual Commission Attendance and Meeting Frequency Report
 From: City Manager
 Contact: Mark Numainville, City Clerk, (510) 981-6900

 

41.

Senior Center Survey Results – Fiscal Year 2021
 From: City Manager
 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

42.

Parks and Waterfront Commission Work Plan for 2021-2022
 From: City Manager
 Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700


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 October 14, 2021.


Mark Numainville, City Clerk

Communications – October 26, 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

  1. Councilmember Taplin
  2. Diana Bohn
  3. Maria St. John
  4. Alison Huetter
  5. Hugh Fountain
  6. Tim Southwick
  7. Laura Menard
  8. Councilmember Bartlett
  9. Jae Wheeler

  

RV Parking

  1. Maryann O’Sullivan
  2. Diana Bohn
  3. Mimi Moungovan
  4. Yesica Prado

   

Street Paving Equity

  1. Kelley Zito
  2. Mikko Jokela
  3. Lauren Gularte
  4. Markus Feyh

   

Automated License Plate Readers (ALRP)

  1. 18 similarly-worded from letters
  2. Becca Schonberg

   

Affordable Housing Overlay

  1. Alfred Twu
  2. Nico Nagle, on behalf of the Housing Action Coalition

   

North Berkeley BART Zoning

  1. Mary Rose

   

Leonard Powell Saga

  1. Steve Martinot

   

Lori Droste’s Interview Request

  1. Jalaya

   

  

BUSD Student Vaccine Mandate

  1. Nathan Shepard

   

Sugar-Sweetened Beverage Product Panel Experts Commission (SSBPPE)

  1. Holly Scheider, Chairperson, SSBPPE Commission

   

City Vacant Positions

  1. Margot Smith

   

Police Accountability Board, et al

  1. Katherine Lee, Interim Director of Police Accountability (2)

   

Mask Mandate

  1. Anne McClintock
  2. COVID-19 Information Service, City of Berkeley
  3. B. Beekman

   

UC Berkeley Adding 20,000 Students

  1. Margot Smith

   

Sanctuary City and Motorola

  1. B. Beekman

   

Mats in King Pool Locker Room

  1. Katie Calvert

   

Public Toilets in Front of the People’s Park Mural

  1. Rachel Neuman
  2. Diana Bohn
  3. Amy Kimmel
  4. Sylvia
  5. Harvey Smith
  6. Kelly Hammargren
  7. Liam Garland, Director of Public Works
  8. Carol Denney
  9. Carrie Olson
  10. Gar Smith
  11. Marcia Poole
  12. Councilmember Harrison
  13. Maris Arnold
  14. Deborah Green
  15. Lisa Teague
  16. Daniella Thompsin
  17. Maureen Kildee
  18. Lee Altenberg
  19. Max Ventura
  20. Andrea Prichett
  21. Alan Steinbach

   

Bayer Healthcare – Public Hearing Notice

  1. Alene Pearson, on behalf of Planning

  

URL’s Only

  1. Russbumper (2)
  2. Vivian Warkentin

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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