Thursday, September 29, 2022 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Thursday, September 29, 2022
6:00 PM
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 captioned broadcasts of Council Meetings are available on Cable B -TV (Ch annel 33) and via internet accessible video stream at
http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.
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To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 894 7655 0043. 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 [email protected]
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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.
Thursday, September 29, 2022 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:07 p.m.
Present: Kesarwani, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin
Absent: Taplin, Bartlett
Councilmember Taplin present at 6:17 p.m.
Ceremonial Matters: None
City Auditor Comments:
The City Auditor noted Item 9 regarding the new Audit Recommendation Dashboard and provided a demonstration of the Dashboard.
City Manager Comments: None
Public Comment on Non-Agenda Matters: 3 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 3 speakers.
Action: M/S/C (Arreguin/Robinson) to adopt the Consent Calendar in one motion except as indicated.
Vote: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.
1. Lease Agreement: 80 (North Building), 82/84 & 90 Bolivar Drive in Aquatic Park with Waterside Workshops
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,831-N.S. authorizing the City Manager to execute a lease agreement with Waterside Workshops to use the 80 (North Building), 82/84 & 90 Bolivar Drive in Aquatic Park for a lease term anticipated to begin November 1, 2022 and ending November 1, 2031.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,831–N.S.
Consent Calendar
Thursday, September 29, 2022 ANNOTATED AGENDA Page 3
2. Ordinance Amendment: Correction to the COVID-19 Emergency Response Ordinance, BMC Chapter 13.110
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison
Recommendation: Adopt second reading of Ordinance No. 7,832-N.S. correcting BMC Chapter 13.110, the COVID-19 Emergency Response Ordinance, to clarify the effect of Ordinance No. 7,762-N.S. upon tenant protections that were inadvertently omitted during the last update of BMC Chapter 13.110.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted second reading of Ordinance No. 7,832–N.S.
3. Ordinance Repealing Chapter 12.76 of the Berkeley Municipal Code and Repealing Ordinance No. 7,643-N.S.
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,833-N.S. repealing Chapter 12.76 of the Berkeley Municipal Code and repealing Ordinance No. 7,643-NS.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950, Dee Williams-Ridley, City Manager, (510) 981-7000, Paul Buddenhagen, City Manager's Office, (510) 981- 7000
Action: Adopted second reading of Ordinance No. 7,833–N.S.
4. Urgency Ordinance Extending the Lease for Real Property at 742 Grayson Street
From: City Manager
Recommendation: Adopt an Urgency Ordinance to extend an existing lease for the real property located at 742 Grayson Street, Berkeley, CA for an additional month, through October 31, 2022.
Financial Implications: Measure P Funds - $26,379
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Urgency Ordinance No. 7,836–N.S. revised to extend the lease term to December 31, 2022.
5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 29, 2022
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 - $15,891,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
Consent Calendar
Thursday, September 29, 2022 ANNOTATED AGENDA Page 4
6. Contract - Gaumard Scientific Company, Inc. for High Fidelity Training Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Gaumard Scientific Company, Inc., using the General Services Agency’s (GSA) Contract No. 47QSEA21D002V, for high fidelity training equipment in an amount not to exceed $375,000 through June 30, 2024.
Financial Implications: Measure FF - $375,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70.546–N.S.
Action Calendar – Public Hearings
Thursday, September 29, 2022 ANNOTATED AGENDA Page 5
7. ZAB Appeal: 1201-1205 San Pablo Avenue, Use Permit #ZP2021-0070 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 #ZP2021-0070 to construct a six-story, mixed-use building on a vacant lot, with 66 units (including five Very-Low-Income units), 1,680 square feet of commercial space, 2,514 square feet of usable open space, and 17 to 28 ground-level parking spaces, and dismiss the appeal.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Public Testimony: The Mayor opened the public hearing. 28 speakers.
M/S/C (Arreguin/Harrison) to close the public hearing.
Vote: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Droste.
Councilmember Droste absent at 8:01 p.m.
Action: M/S/C (Kesarwani/Arreguin) to adopt Resolution No. 70,547-N.S. affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0070 to construct a six-story, mixed-use building on a vacant lot, with 66 units (including five Very-Low-Income units), 1,680 square feet of commercial space, 2,514 square feet of usable open space, and 17 to 28 ground-level parking spaces, and dismiss the appeal with modifications to the conditions of approval noted below.
12. Screening Trees. The Project Proponent shall consult with the project landscape architect for species recommendations for planting in the 5-foot-wide landscape strip on the eastern property line that closely achieves this objective: a row of large screening trees (24” box minimum up to 36”) that have an initial height of 10’ and full height of 25-30 feet height minimum. The project Landscape Plan shall include the proposed plantings to be reviewed by Land Use staff.
28. Traffic Study. The Project Proponent shall retain the project traffic consultant to perform an analysis of the remaining eight traffic signal warrants at San Pablo and Harrison Avenues for consideration of a traffic signal for the intersection. The traffic study shall include an analysis of Level of Service (LOS) at this intersection for consideration of a left turn prohibition at the intersection. The traffic study shall be submitted to the Transportation Division for review and approval. Recommendations of the study shall be factored into the City’s long-term Capital Improvement Plan.
29. Parking Garage Exit. The Project Proponent shall submit plans showing the installation of a “Left Turn Only” sign and left turn pavement markings at the parking garage exit, to facilitate left turns only onto Harrison Street. The Project Proponent shall also consider modifying the driveway to angle toward the left to facilitate left turns. Sound level specifications for a pedestrian alert system at the garage exit shall be submitted for review and approval by the Land Use staff, with the intent to minimize impacts to the neighborhood.
Action Calendar – Public Hearings
Thursday, September 29, 2022 ANNOTATED AGENDA Page 6
30. The Project Proponent shall contact Caltrans to pursue whether an encroachment permit could be approved for relocating the parking garage driveway to the San Pablo frontage. If such a permit is permissible, including necessary design and safety analysis, then the Project Proponent shall redesign the project to accommodate the relocated driveway, pursue the encroachment permit from Caltrans, and submit a revised building floor plan and elevation to the City during the Building Permit review process. If this encroachment permit is deemed not feasible, then Condition #29 applies.
Vote: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Droste.
Recess 9:14 p.m. – 9:29 p.m.
Information Reports
8. Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to Action Calendar. 1 speaker. Discussion held.
9. New Audit Recommendation Dashboard
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 0 speakers.
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.
Vote: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Droste.
Adjourned at 9:51 p.m.
Communications
Item #4: ZAB Appeal: 1201-1205 San Pablo Avenue, Use Permit #ZP2021-0070
1. Dan Hayes
2. Margaret Pritt (5)
3. Yvette Bozzini
4. Melissa and Carlos Blanco
5. Jean Molesky-Poz (2)
6. Eric Danysh
7. Matt Culliname
Thursday, September 29, 2022 ANNOTATED AGENDA Page 7
8. Diana Wood
Missed Refuse Pickup
9. Barbara Gilbert
Parking Tickets
10. Michael Wright
11. Tony Benado
Tree Problem at Indian Rock Park
12. Richard Beahrs
13. Tony Benado
Police Accountability Board and Office of the Director of Police Accountability Year-End Report
14. Maritza Martinez, on behalf of the Office of the Director of Police Accountability
Toxic Pesticide Federal Bill
15. Maya Cohen
Supportive Housing at 1367 University Avenue
16. Homeless Services Panel of Experts
Opposition to Measure L
17. Margots999@
Wildfire Prevention
18. Bruce Feingold
Supplemental Communications and Reports 1
Item #4: Urgency Ordinance Extending the Lease for Real Property at 742 Grayson Street
19. Supplemental material, submitted by the City Manager’s Office
20. Dorothea Dorenz
Item #7: ZAB Appeal: 1201-1205 San Pablo Avenue, Use Permit #ZP2021-0070
21. Karen Gosling
22. Doris Iaroli
23. Mary Wyand
24. Leslie Barbazette
25. Chandini Stanley
26. Deirdre O’Regan (2)
27. Brett D’Ambrosio
28. Margaret Pritt
29. Nguyen Tan
30. Susie Altman
Thursday, September 29, 2022 ANNOTATED AGENDA Page 8
Supplemental Communications and Reports 2
Item #7: ZAB Appeal: 1201-1205 San Pablo Avenue, Use Permit #ZP2021-0070
31. Colin Felton and Betty Yu
32. Steve Kosach
33. Courtney Welch, on behalf of the California Renters Legal Advocacy and Education Fund
34. Susan Cohen
35. Margaret Pritt (2)
36. Dan Hayes
Supplemental Communications and Reports 3
Item #7: ZAB Appeal: 1201-1205 San Pablo Avenue, Use Permit #ZP2021-0070
37. Presentation, submitted by Planning and Development
38. Reed Schwartz