City Council Regular Meeting eAgenda February 22, 2022

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, February 22, 2022

6:00 PM

Jesse Arreguin, Mayor

Councilmembers:

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/89664206619. 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: 896 6420 6619. 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

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 22, 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: $234,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3. Expenditure Contract: Berkeley Youth Alternatives for Proposition 64 Grant-Proposed Work and Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an expenditure contract and any amendments or extensions with Berkeley Youth Alternatives (BYA) in an amount not to exceed $625,000 for the period March 1, 2022 through April 30, 2024.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

4. Contract No. 32000240 Amendment: Berkeley Unified School District (BUSD) for Mental Health MHSA-Funded Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000240 with Berkeley Unified School District (BUSD) to provide Mental Health Services Act (MHSA) funded programs in local schools through June 30, 2022 in an amount not to exceed $992,778. This amendment will add $355,000 in funding to the contract.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

5. Revenue Contract: Department of Health Care Services for $1,000,000 for Crisis Care Mobile Units
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept an award of funding provided by the California Department of Health Care Services (DHCS) through the Crisis Care Mobile Units (CCMU) Program and execute any resultant revenue agreements and amendments to augment the City’s investment in piloting and evaluating a Specialized Care Unit (SCU) in an amount up to $1,000,000 through Fiscal Year 2025.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6. Meals on Wheels of Alameda County Agency Donations for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting a $25,200 donation for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

7. Amending Berkeley Municipal Code Chapter 4.38, Supplementary Retirement and Income Plan II, to Permit Participation of Berkeley Fire Fighters Association Local 1227 I.A.F.F.
From: City Manager
Recommendation: Adopt first reading of an Ordinance to amend the Berkeley Municipal Code Chapter (BMC) 4.38, Supplementary Retirement and Income Plan II (SRIP II), to permit participation of Berkeley Fire Fighters Associations Local 1227 I.A.F.F (BFFA).
Financial Implications: See report.
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

8. Grant Application: Clean California Local Grant Program – Civic Center Plaza Turtle Garden Beautification Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the state’s Clean California Local Grant Program (CCLGP) for up to $600,000 for the Civic Center Park Turtle Garden Beautification Project, and to accept grant funds, execute resulting grant agreements and amendments, and 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

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

10. Donation: Memorial Bench at the Berkeley Rose Garden in memory of Asia Blau Feese
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Rose Garden in memory of Asia Blau Feese.
Financial Implications: $3,400 in revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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

12. Donation from the Rorick Family Trust for Strawberry Creek
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $16,720 for tree planting and picnic tables at Strawberry Creek Park from the Rorick Family Trust.
Financial Implications: $16,720 in revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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

14. Contracts for Plan Checking Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments for plan checking services for three-year terms, starting March 1, 2022, with the following firms:
1. Telesis Engineers for an amount not to exceed $1,500,000
2. West Coast Code Consultants for an amount not to exceed $1,500,000
3. TRB and Associates for an amount not to exceed $1,000,000
Financial Implications: See report.
Contact: Jordan Klein, Planning and Development, (510) 981-7400

15. Contract: Cratus Inc., for Storm Drain Improvements Project: Marin Ave, Virginia Street, Grizzly Peak Blvd. & High Court
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for Storm Drain Improvements Project, Marin Avenue, Virginia Street, Grizzly Peak Boulevard& High Court, Specification No. 22-11482-C; accepting the bid of Cratus Inc., as the lowest responsive and responsible bidder; and 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 in an amount not to exceed $1,260,000, which includes a 15% contingency of $171,525.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300

16. Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation at Various Locations
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Tremont Street, Eton Avenue, Alcatraz Avenue, Mystic Street, Hazel Road, Domingo Road, El Camino Real, El Camino Real Backline, Alvarado Road, Vicente Road, Alvarado Road Backline, Tunnel Road, Roble Court, and Roble Road; accepting the bid of the lowest responsive and responsible bidder, Cratus, Inc.; and 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, in an amount not to exceed $2,590,468, which includes a 10% contingency of $235,497.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300

17. Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation at Various Locations on Shattuck Avenue
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Shattuck Avenue from Derby Street to Allston Way and Shattuck Avenue from University Avenue to Vine Street; accepting the bid of the lowest responsive and responsible bidder, Cratus, Inc.; and 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, in an amount not to exceed $3,873,843, which includes a 10% contingency of $352,167.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300

18. Contract: Koios Engineering, Inc. for Urgent Sewer Repair FY2022 Project
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Urgent Sewer Repair FY2022 Project, located throughout the City of Berkeley; accepting the bid of the lowest responsive and responsible bidder, Koios Engineering, Inc.; and 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, in an amount not to exceed $391,872, which includes a 10% contingency of $35,624.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300

19. Contract No. 108090-1 Amendment: IPS Group, Inc. for Parking Meter
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 108090-1 with IPS Group, Inc. to provide parking meters, replacement parts, and support services, increasing the contract amount by an additional $1,891,415 for a total contract amount not to exceed $8,924,872 through June 30, 2024.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300

20. Supporting the Agricultural Labor Relations Voting Choice Act
From: Mayor Arreguin (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Adopt a Resolution in support of the Agricultural Labor Relations Voting Choice Act. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymember Buffy Wicks.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

21. Budget Referral: Channing Street Bike Boulevard Improvements
From: Councilmember Taplin (Author)
Recommendation: That the City Council refers to the FY2023 budget process the funding of the following bicycle and pedestrian improvements along Channing Street:
1. Approx. $200,000 for four (4) Traffic Circles at Seventh Street, Ninth Street, Browning Street, and Bonar Street
2. Approx. $50,000 for one (1) Traffic Diverter at Tenth Street
3. Approx. $500,000 for two (2) Pedestrian Hybrid Beacons (PHB) at San Pablo Avenue and Sacramento Street
4. Approx. $70,000 for Rapid Rectangular Flashing Beacons (RRFB) and a median refuge island at Sixth and Channing Way
Financial Implications: See report.
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

22. Streamlining Toxic Remediation in Manufacturing Districts (Reviewed by the Land Use, Housing & Economic Development Policy Committee)
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Councilmember Bartlett (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation: Refer to the City Manager the development of a streamlined process that would allow for one application process, rather than separate application processes for the City’s Planning Department and the Toxics Division; and refer to the Planning Commission several amendments to the zoning code in order to facilitate toxic remediation in manufacturing districts; in addition, refer to expedite consideration of Councilmembers Wozniak and Moore’s 2012 referral  to the Planning Commission referenced in Background section, and request it be moved forward as quickly as possible; in addition, refer to the City Manager to consider any and all means to streamline and/or improve the city’s processing of remediation of toxic sites.
Policy Committee Recommendation: On January 20, 2022, the Land Use, Housing & Economic Development Policy Committee took the following action: M/S/C (Hahn/Robinson) Positive recommendation to refer the item to Council as amended to expand the scope of the referral and specifically request expedited Planning Commission review of the previous 2012 referral.
Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

23. Adopt a Resolution in Support of the California State Legislature Introducing and Passing a California Resident-Designated Support Person Act
From: Councilmember Harrison (Author)
Recommendation: Adopt a resolution in support of the California State Legislature introducing and passing a Resident-Designated Support Person Act. Send copies of the resolution and letters to State Senator Skinner, Assemblymembers Wicks and Bonta.
Financial Implications: See report.
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

24. Budget Referral: South Sailing Basin Dredging
From: Councilmember Robinson (Author), Councilmember Taplin (Author), Councilmember Kesarwani (Author), Mayor Arreguin (Author)
Recommendation: Refer to the City Manager to dredge the Berkeley Marina’s South Sailing Basin (SSB), including 1) pursuing and proposing potential funding opportunities for both planning and implementation, and 2) performing the necessary bathymetric, hydrography, technical, permitting, and mitigation studies required to move forward as quickly as possible.
Furthermore, refer $350,000 to the June 2022 budget process for the purposes of South Sailing Basin Dredging planning & evaluation.
Financial Implications: See report.
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

25. Support for AB 1602: Student Housing Revolving Loan Fund Act
From: Councilmember Robinson (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Kevin McCarty, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of AB 1602, the California Student Housing Revolving Loan Fund Act of 2022.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

Action Calendar - Public Hearings

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.

26. ZAB Appeal: 1527 Sacramento Street, Administrative Use Permit #ZP2020-0034
From: City Manager
Recommendation: Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Administrative Use Permit #ZP2020-0034 to: 1) add a 520 square-foot two-story addition with an average height of 21 feet 9 inches at the rear of the existing building; 2) add a major residential addition of more than 15 percent of the lot area, including 44 square feet at the first floor; 3) legalize the enclosure of the front porch in the non-conforming front setback; and 4) add an unenclosed hot tub, on a 2,783 square-foot lot that contains a one-story 824-square-foot single-family dwelling, and dismiss the appeal.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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.

27. Southside Complete Streets Project Conceptual Designs
From: City Manager
Recommendation: Adopt a Resolution approving the conceptual designs for the Southside Complete Streets Project on Dana Street from Dwight Way to Bancroft Way; Bancroft Way from Milvia Street to Piedmont Avenue; Fulton Street from Dwight Way to Bancroft Way; and Telegraph Avenue from Dwight Way to Bancroft Way, and directing the City Manager to direct staff to proceed with the detailed engineering design of the project.
Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300

29. City Council Short Term Referral Process – Quarterly Update
From: City Manager
Contact: Mark Numainville, City Clerk, (510) 981-6900

30. Age-Friendly Berkeley Update
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

31. LPO NOD:  1325 Arch Street – Application LMSAP2021-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

32. Update on the Implementation of Fair and Impartial Policing Task Force Recommendations
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

33. 2021 Year End Crime and Collision Data
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900