City Council Regular Meeting eAgenda July 12, 2022

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 12, 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 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/81476464690. 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: 814 7646 4690. 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.-FY 2023 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,828-N.S. adopting the FY 2023 Annual Appropriations Ordinance (AAO) in the amount of $754,176,624 (gross appropriations) and $625,939,999 (net appropriations).
First Reading Vote: Ayes - Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Arreguin; Noes - None; Abstain - None; Absent - Harrison, Droste.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

2.-goBerkeley SmartSpace Pilot Program Implementation Recommendations
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,829-N.S. repealing and reenacting Berkeley Municipal Code Chapter 14.52 Parking Meters to enable demand-responsive paid parking for non-RPP permit holders in the 2700 blocks of Durant Avenue, Channing Way, and Haste Street and the 2300-2400 blocks of Piedmont Avenue (a portion of Residential Preferential Parking Program Area I) for the duration of the grant-funded goBerkeley SmartSpace pilot program, and allow payment via license plate entry pay stations (“pay-by-plate”) to improve convenience and enforcement.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

3.-Voting Delegates – League of California Cities Annual Conference
From: City Manager
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities conference to be held on Friday, September 9, 2022, in Long Beach.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

4.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 12, 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 - $3,620,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

5.-Contract No. 32000243 Amendment: Waters Moving & Storage for Facility Moves
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000243 with Waters Moving & Storage for moving office furniture between various Health, Housing, & Community Services Department (HHCS) facilities, as part of HHCS program relocations. These facility sites include, but are not limited to, the North Berkeley Senior Center, West Berkeley Service Center, 830 University Avenue, and 1947 Center Street. The contract is being amended to add to the scope and increase the original contract by $10,000 to the original contract amount of $50,000 to move Aging Services back into the newly rehabilitated North Berkeley Senior Center.  The total amended amount will not exceed $60,000 for the period June 1, 2020 through December 30, 2022.
Financial Implications: General Fund - $10,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6.-Contract No. 8958F Amendment: Bartel Associates, LLC for Actuarial Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8958F increasing contract amount by $110,000 with Bartel Associates, LLC for Actuarial Consulting Services, for a revised total contract amount not to exceed $380,000 through December 31, 2023.
Financial Implications: Various Funds - $110,000
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

7.-Contract No. 31900045-3 Amendment: Vestra Resources, Inc. for Additional Geographic Information System (GIS) Projects
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900045-3 with Vestra Resources, Inc. for Geographic Information System (GIS) professional services, for a total not to exceed $28,679 and for a total contract value of $64,990 from September 15, 2018 to June 30, 2024.
Financial Implications: IT Cost Allocation Fund - $28,679
Contact: Michael Sinor, Information Technology, (510) 981-6500

8.-Contract No. 31900193 Amendment: Hamilton Tree Service, Inc. for As-Needed Tree Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900193 with Hamilton Tree Service, Inc, for as-needed tree services, increasing the amount by $300,000 for an amended total amount not to exceed $500,000.
Financial Implications: Various Funds - $300,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

9.-Contract No. 31900218 Amendment: West Coast Arborists, Inc. for As-Needed Tree Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 31900218 with West Coast Arborists Inc., for as-needed tree services, increasing the amount by $200,000 for an amended total amount not to exceed $700,000.
Financial Implications: Various Funds - $200,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

10.-Contract No. 32200076 Amendment: OBS Engineering, Inc. for John Hinkel Park Amphitheater Area Improvements Project
Revised material (Supp 2)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200076 with OBS Engineering, Inc. for the John Hinkel Park Amphitheater Area Improvements Project, increasing the amount by $26,000 for an amended total amount not to exceed $1,145,580.
Financial Implications: Parks Tax Fund - $26,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

11.-Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by November 2022, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the City Manager and Finance Department. They have agreed to our findings and recommendations. Please see our report for their complete response. This audit report has been updated with new information regarding the City’s Section 115 Trust.
Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750

12.-Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $78,000 for a new total not to exceed $227,500, and extending the contract term to June 30, 2023.
Financial Implications: Mayor's Office Budget - $78,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
 

13.-Joining the House America Initiative
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution joining House America, an initiative of the U.S. Department of Housing and Urban Development and the U.S. Interagency Council on Homelessness to form partnerships with state, tribal and local governments to rehouse people experiencing homelessness.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14.-Support for Assembly Constitutional Amendment 3
Supplemental material (Supp 1)
From: Councilmember Taplin (Author)
Recommendation: Send a letter of support for ACA-3 to members of the state legislature including Senator Kamlager (D-Los Angeles), Senator Skinner (D-Berkeley), and Assemblymembers Kalra and Wicks.
Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

15.-Support for AB-1816: Reentry Housing and Workforce Development Program.
Supplemental material (Supp 1)
From: Councilmember Taplin (Author)
Recommendation: Send a letter of support for Assembly Bill 1816 to Assemblymember Isaac Bryan (D-Los Angeles) and state legislators representing the City of Berkeley (Skinner/Wicks).
Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

16.-Support for SB 1063: Flexibility for Energy Innovation
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to Senator Nancy Skinner and Assemblymember Buffy Wicks in support of Senate Bill 1063, which would authorize the California Energy Commission (CEC) to make new technology standards effective sooner, enabling the Commission to expedite the rollout of new green technologies and be more responsive to climate emergencies.
Financial Implications: Staff time
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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.

17.-Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
Presentation
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an Ordinance containing technical edits, corrections and other non-substantive amendments to the following sections of the Zoning Ordinance:
BMC Section 23.202.140 (R-SMU Zoning District)
BMC Section 23.204.020 (Commercial Districts -- Allowed Land Uses)
BMC Section 23.204.030 (Additional Permit Requirements)
BMC Section 23.204.060 (C-U Zoning District)
BMC Section 23.204.130 (C-DMU District)
BMC Section 23.206.202 (Manufacturing Districts – Allowed Land Uses)
BMC Section 23.302.030 (Temporary Uses and Structures)
BMC Section 23.302.070 (Use-Specific Regulations)
BMC Section 23.404.040 (Public Notice)
BMC Section 23.502.020 (Glossary)
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

19.-Restoring and Improving Access to City of Berkeley Website and Archival Materials (Continued from June 14, 2022)
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Direct the City Manager to:
1. Restore at previous URLs all PDF documents previously hosted on the City of Berkeley website.
2. Create a publicly accessible archival copy of the City’s previous website, CityofBerkeley.info, that can be accessed without logins and via internet search engines. Include a prominent disclaimer noting the date the website, page, or document was archived, with links redirecting to the active website or other responsive resource.
3. On the new website, update Commission pages to include a minimum of 2 years of historic agendas and other materials and update City Council and Council Committee pages to include at least 3 years of complete materials.
4. By July 15, 2022 develop and make available to all City staff and to the public training at beginner to expert levels on use of the City’s Records Online search function and create more extensive and less technical self-help resources covering basic and expert use.
5. In recognition of increased public traffic, update the Records Online homepage to explain how the portal works and link to more robust self-help resources and alternative search functions.
6. Coordinate with agency staff to include all relevant records (agendas, minutes, etc.) from Rent Board and Housing Authority in Records Online Portal.
7. Update any remaining 404 pages to explain that the City’s website has been moved/updated, and provide links to helpful pages, search functions and/or pathways to access responsive materials. As quickly as possible, consider implementing redirects with wildcards to direct as many old links to relevant new website pages in lieu of the standard 404 page. E.g. cityofberkeley.info/planning* to the Planning Department site map/homepage, or Department Specific 404 page explaining new navigation.
Refer to the City Manager the following additional improvements to Records Online:
1. Within Records Online, provide unique archival/search categories for each City Commission, Board, Committee and Rent Board, and consider other useful categories, to assist users in narrowing results and identifying responsive materials.
2. Allow Records Online search results to be sorted by date and by other searchable factors. Consider means to integrate records online into default site search bar.
3. Explore and report back to Council options for improving the scope of Records Online, improving search options and sorting, and making all materials – or materials from January 1, 2000 (or an earlier recommended date) forward, searchable using internet search engines.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

Information Reports