City Council Regular Meeting eAgenda February 14, 2023

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 14, 2023
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://cityofberkeley-info.zoomgov.com/j/1617057994.  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 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 705 7994. 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.

1. Adjourn in memory of Chimey Lee, Community Activist
2. Adjourn in memory of Mel Martynn, Community Activist

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. 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.

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 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.

Urgent Items

Letter to Senator Nancy Skinner and Assemblymember Phil Ting in Support of Public Transit Funding in FY 2023-24 State Budget
From: Councilmember Rigel Robinson (Author), Mayor Jesse Arreguin (Co-Sponsor)
Recommendation: Send a letter to Senate Budget and Fiscal Review Committee Chair Nancy Skinner and Assembly Committee on Budget Chair Phil Ting to urge them to prioritize funding in the FY 2023-24 budget to avoid the impending fiscal cliff faced by transit agencies in the wake of COVID-19.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

Black History Month Awards by the Berkeley Public Schools Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Vice Mayor Ben Bartlett (Author), Mayor Jesse Arreguin, and Councilmember Terry Taplin (Co-Sponsors)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $3000 from the discretionary Council office budget of Vice Mayor Ben Bartlett, to the Berkeley Public School Fund for the Black History Month Awards. The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Councilmember Ben Bartlett and the discretionary council office budgets of any other Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

1.-Parking/Towing Fines & Fees Reform (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember Robinson (Author), Councilmember Harrison (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,854-N.S. amending BMC 14.72.080 to allow individuals who are eligible for Residential Preferential Parking (RPP) permits and also for parking citation Indigent Payment Plans to purchase Residential Parking Permits even if they have outstanding parking tickets older than 21 days.
First Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – Kesarwani; Absent – None.
Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

2.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 14, 2023
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 - $2,124,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3.-Contract: Public Consulting Group for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Public Consulting Group (PCG) for professional services related to the Ground Emergency Medical Transport (GEMT), Quality Assurance Fee (QAF), Intergovernmental Transfer (IGT), and Public Provider Ground Emergency Medical Transport (PP-GEMT) programs using the General Services Agency’s (GSA) contract No. 47QTCA20D004Y for an amount not to exceed $200,000 in the base term from March 1, 2023 through January 22, 2025 and not to exceed $300,000 in total with one two (2) year extension to January 22, 2027 if the GSA contract is extended.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

4.-Contract: Forster & Kroeger Landscape Maintenance for Chipping Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, with Forster & Kroeger Landscape Maintenance to provide Chipping Services for two years from May 1, 2023 until April 30, 2025 in the amount not to exceed $700,000.
Financial Implications: Various Funds - $700,000
Contact: David Sprague, Fire, (510) 981-3473

5.-Revenue Contract: 2023 Community Services Block Grant
Revised material (Supp 2)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 23F-4001 in the amount of $293,705 to provide services for low-income people for the period January 1, 2023 to May 31, 2024.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6.-Inclement Weather Shelter Program Funding Request and Contract No. 31900284 Amendment- Dorothy Day House (DDH) to Operate an Inclement Weather Shelter
From: City Manager
Recommendation: Adopt a Resolution allocating an additional $292,185 from Measure P to the Inclement Weather Shelter Program for a total allocation of $412,185, and authorizing the City Manager or her designee to execute an amendment to Contract No. 31900284 with Dorothy Day House (DDH) to add $190,260 to operate an inclement weather shelter for up to 127 nights from December 3, 2022 through April 15, 2023 for a total contract amount not to exceed $4,211,173.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

7.-Contract: Resources for Community Development for Martin Luther King Jr. House – Mental Health Services Act Operating Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Resources for Community Development (RCD) for Martin Luther King Jr. (MLK) House in the amount of $107,890, to support hiring additional on-site staff to monitor the 12-room, transitional Single-Room Occupancy housing development.
Financial Implications: Mental Health Services Act Fund - $107,890
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

8.-Mills Act Contract – 2523 Piedmont Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Wilson Wong and Christian Kwan for the City Structure of Merit property at 2523 Piedmont Avenue.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

9.-Mills Act Contract – 2119 Marin Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Anne and Michael Ray for the City Landmark property at 2119 Marin Avenue.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

10.-Authorize a Funding Agreement with AC Transit to Supplement the Quick-Build Durant Transit Lane Project
Revised material (Supp 1)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and enter into a funding agreement between the City of Berkeley and AC Transit providing $648,000 in additional City funding to supplement the Quick-Build Durant Transit Lane Project.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

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.

13b.-Citywide Affordable Housing Requirements
Revised material (Supp 1)
Supplemental material (Supp 1)
From: Councilmember Harrison (Author)
Recommendation:
1. Amend Ordinance No. 7,853–N.S. to: a. replace exemption for fewer than five units with less than 3,000 square feet of Gross Floor Area as defined in BMC 23.106.030.
2. Rescind and replace Resolution No. 70,668–N.S. to: a. remove the in-lieu fee discount applied to projects of 12,000 or fewer residential square feet and include an analysis in the upcoming feasibility study of whether and at what size (based on residential square footage) projects should receive a discount in the level of affordable housing mitigation fees. Apply the standard $45 per square foot fee on projects of between 3,000 and 12,000 residential square feet; and b. utilize square footage instead of unit numbers in studying likely impacts on smaller projects.  Expedite the completion of the next feasibility study of the application of in-lieu fees on smaller projects of 3,000 square feet or less (equivalent to four to five units) to determine the level at which in-lieu fees for smaller projects are financially feasible.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

14.-Referral Response: Home Share Program
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400