City Council Regular Meeting eAgenda December 13, 2022

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 13, 2022
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

Jesse Arreguin, Mayor

Councilmembers:

PUBLIC ADVISORY:  THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON ATTENDANCE AND VIRTUAL PARTICIPATION

For in-person attendees, face coverings or masks that cover both the nose and the mouth are required. Physically distanced seating will be available. If you are feeling sick, please do not attend the meeting in person.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device:  Please use this URL https://us02web.zoom.us/j/81885763338.  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: 818 8576 3338. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating 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:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay.  We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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.

     Presentation: Workforce Analysis - A Hiring Crisis Amidst The "Great Resignation" 

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. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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 or Information 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.

Time Critical
Letter In Support of Seating Cherokee Nation Delegate to the U.S. House of Representative
From: Councilmember Sophie Hahn
Recommendation: Send a letter to Speaker of the House Nancy Pelosi, Minority Leader Kevin McCarthy, and Rep. Barbara Lee, urging the US House of Representatives to honor the Treaty of New Echota and seat the official delegate nominated by the Cherokee Nation.
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

Consent Calendar

1.-Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102
From: Commission on Labor
Recommendation: Adopt second reading of Ordinance No. 7,846-N.S., the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter 13.102.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Wengraf, Droste.
Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400

2.-Referral Response: Amendments to the Sign Ordinance to Clarify Procedures and to Establish a Coordinated Sign Design Program, Amending BMC Titles 20 and 23, and Establish a New Fee for Coordinated Sign Design Programs
From: City Manager
Recommendation:  Adopt second reading of Ordinance No. 7,847-N.S. amending the Berkeley Municipal Code (BMC) Title 20 [Signs] to clarify design review procedures for signs, establish an optional Coordinated Sign Design program, and amend Section 20.12.070 [Issuance authorized when] and Section 23.204.070B [Design Review – When required] to provide internal consistency.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

3.-Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, and November 3, 2022.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

4.-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, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, October 11, 2022, November 3, 2022, and November 29, 2022.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

5.-Waiver of the Sanctuary City Contracting Ordinance’s Requirements for AG Witt, LLC Contract
From: City Manager
Recommendation: Adopt a Resolution approving a waiver of the Sanctuary City Contracting ordinance’s requirements for the City’s FEMA Cost-Recovery Contract with AG Witt LLC.
Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950

6.-City of Berkeley 2023 State and Federal Legislative Platform
Supplemental material (Supp 1)
From: City Manager
Recommendation: Adopt a Resolution approving the City of Berkeley's State and Federal Legislative Platform
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

7.-Adopt a Resolution Authorizing the City Manager to Execute a License Agreement with East Bay Community Energy for Electric Vehicle Fast Charging Stations on Municipal Property
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to execute a Master Site License Agreement with East Bay Community Energy (EBCE) for the installation and operation of publicly-available electric vehicle (EV) direct current fast charging stations on municipal property.
Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

8.-Interactive Kiosk Experience (IKE) Smart City Kiosk Locations, Phase Two
From: City Manager
Recommendation: Adopt a Resolution, pursuant to Ordinance No. 7,626-N.S. Franchise Agreement with IKE Smart City, LLC approving 22 locations for the second phase of deployment of IKE Smart City Kiosks in Berkeley.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

9.-Contract: Berkeley Fire Medical Director
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, with Herbert Gene Hern, MD to serve as the Berkeley Fire Medical Director for five years from July 1, 2022 until June 30, 2027 in the amount not to exceed $400,000.
Financial Implications: See Report
Contact: David Sprague, Fire, (510) 981-3473

10.-Contract: Statewide Prevention and Early Intervention Project FY2023 Participation Agreement – California Mental Health Services Authority
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter into a Participation Agreement for FY2023 and any amendments with the California Mental Health Services Authority (CalMHSA) to allocate Mental Health Services Act (MHSA) funds in the amount of $70,907 to participate in the Statewide Prevention and Early Intervention (PEI) Project, for a total amount not to exceed $70,907 through June 30, 2023.
Financial Implications: Mental Health Services Act Fund - $70,907
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

11.-Contract: Resource Development Associates Specialized Care Unit and Community Crisis Response Services Program Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Resource Development Associates (Contractor) to design and implement an evaluation for program effectiveness of the Specialized Care Unit and Community Crisis Response Services (Bridge Services). Services will begin on January 1, 2023 and extend to June 30, 2025 in an amount not to exceed $150,000.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

12.-Contract: Bonita House for Specialized Care Unit Provider
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Bonita House (Contractor) to implement Berkeley’s Specialized Care Unit for a two-year pilot. Services will begin on February 1, 2023 and extend to January 30, 2025 in an amount not to exceed $4,500,000.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

13.-Reserving Predevelopment Funds for the Development of Affordable Housing at the North Berkeley BART Station
From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving $500,000 for the selected development team to support the development of affordable housing at the North Berkeley BART site, contingent on the team’s selection and approval by the BART Board at its December 1, 2022 meeting, and the team’s timely submission of a completed predevelopment application demonstrating they meet the City’s funding criteria. 2. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

14.-Contract: California Constructores for Ohlone Park (East) Playground Replacement and Site Improvements Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Ohlone Park (East) Playground Replacement and Site Improvements Project; and 2. Accepting the bid of the lowest responsive and responsible bidder, California Constructores; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with California Constructores, for the Ohlone Park (East) Playground Replacement and Site Improvements Project at 1933 Hearst Avenue, in an amount not to exceed $1,120,344 which includes a contract amount of $933,620 and a 20% contingency in the amount of $186,724.
Financial Implications: Various Funds - $1,120,344
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

15.-Contracts: Consultants for On-Call Transportation Planning Services
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute individual contracts and any amendments, each for the period January 1, 2023 through June 30, 2028 for a total amount of all contracts not to exceed $5,000,000 with the following consultants for On-call Transportation Planning Services:
1. Alta Planning + Design, Inc. for an amount not to exceed $$1,000,000.
2. Community Design + Architecture for an amount not to exceed $1,000,000.
3. Fehr & Peers for an amount not to exceed $1,000,000.
4. NN Engineering, Inc. for an amount not to exceed $1,000,000
5. Toole Design Group, LLC for an amount not to exceed $1,000,000.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

16.-Contracts: On-Call Architectural Services: ELS Architecture and Urban Design; Noll & Tam Architects; and Siegel & Strain Architects
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call architectural design services in support of the City’s annual Facilities CIP program, each from January 1, 2023 through December 31, 2025:
1. ELS Architecture and Urban Design (ELS), for an amount not to exceed $3,333,334.
2. Noll & Tam Architects (N&T), for an amount not to exceed $3,333,333.
3. Siegel & Strain Architects (SSA), for an amount not to exceed $3,333,333.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

17.-Authorization for an Additional Commission on Disability Meeting in 2022
From: Commission on Disability
Recommendation: Adopt a Resolution authorizing one additional meeting of the Commission on Disability in 2022.
Financial Implications: None.
Contact: Andrew Brozyna, Commission Secretary, (510) 981-6300

18a.-Measure FF Budget Recommendation - Expanded Fire Prevention Inspection Program (Reviewed by the Public Safety Committee)
From: Disaster and Fire Safety Commission
Recommendation: With the risk of catastrophic wildfire steadily increasing due to climate change, the Disaster and Fire Safety Commission (DFSC) recommends prioritizing wildfire fuel reduction in the FY 23 and FY 24 Measure FF budget by expanding the Fire Department’s Fire Prevention Inspection Program and fully enforcing the existing Fire Code to clear vegetation build-up and overgrowth within 100 feet of structures in Berkeley’s Very High Fire Severity Zones (VHFSZs) (Fire Zones 2 and 3). In addition, the Fire Code would be strengthened as needed to require removal of hazardous vegetation on the entirety of properties beginning in FY 25.  The program would provide for City vegetation management crews to clear vegetation where property owners opt into the program or fail to comply, with no-interest liens placed upon properties to recover direct costs upon transfer. Special emphasis should be placed on eucalyptus groves due to their high flammability and potential to create spot fires.  Funding for this expanded program, together with the Fire Department’s existing home inspection program, which is focused on creating defensible space around structures, would be supported by devoting 21 percent and 26 percent of Measure FF revenues for FY 23 and FY 24, respectively.
Policy Committee Recommendation: Positive recommendation to adopt the City Manager’s recommendation as presented in the companion report.
Financial Implications: See Report
Contact: Keith May, Commission Secretary, (510) 981-3473

18b.-Companion Report: Measure FF Budget Recommendation – Expanded Fire Prevention Inspection Program (Reviewed by the Public Safety Committee)
From: City Manager
Recommendation: That the Berkeley City Council reaffirms its support for the work being conducted by the Fire Department (Department) and considers the Disaster and Fire Safety Commission’s (DFSC) Report during the FY24 budget process if the DFSC so chooses to resubmit an updated version at that time.
Policy Committee Recommendation: Positive recommendation to adopt the City Manager’s recommendation as presented in the companion report.
Financial Implications: None
Contact: David Sprague, Fire, (510) 981-3473

19.-Zero-Emission Vehicle Parking Support Letter
From: Environment and Climate Commission
Recommendation: Refer to the City Manager to send a letter to State Assemblymember Buffy Wicks and State Senator Nancy Skinner asking them to advance a proposal to allow cities to dedicate parking spaces for Zero-Emission Vehicles (ZEVs).
Financial Implications: See report.
Contact: Billi Romain, Commission Secretary, (510) 981-7400

20.-Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Berkeley Holiday Fund’s annual campaign with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

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 line up at the podium, or use the "raise hand" function in Zoom, 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 line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

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

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

21.-Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance containing technical edits, corrections and other non-substantive amendments to the following sections of the Zoning Ordinance:
- BMC Section 23.108.020 (Zoning Districts)
- BMC Section 23.202.020 (Allowed Land Uses)
- BMC Section 23.202.140 (R-SMU District)
- BMC Section 23.204.150 (R-BMU District)
- BMC Section 23.204.020 (Allowed Land Uses)
- BMC Section 23.204.060 (C-U District)
- BMC Section 23.204.080 (C-E District)
- BMC Section 23.204.100 (C-SA District)
- BMC Section 23.206.040 (Use-Specific Regulations)
- BMC Section 23.406.050 (Variances)
- BMC Section 23.502.020 (Glossary)
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

22.-FY 2022 Preliminary Year End Status
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

23.-Amendment: FY 2023 Annual Appropriations Ordinance
Supplemental material (Supp 2)
Revised material (Supp 2)
Presentation
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2023 Annual Appropriations Ordinance No. 7,828-N.S. for fiscal year 2023 based upon recommended re-appropriation of committed FY 2022 funding and other adjustments authorized since July 1, 2022, in the amount of $176,583,851 (gross) and $170,322,312 (net).
Financial Implications: See Report.
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

24.-Status Report - Berkeley's Financial Condition (FY 2012 - FY 2021): Pension Liabilities and Infrastructure Need Attention
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000