City Council Regular Meeting eAgenda July 25, 2023

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 25, 2023
6:00 PM

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

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

Jesse Arreguin, Mayor

Councilmembers:

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 encouraged. 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.

Remote participation by the public is available through Zoom.  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/1606074224.  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: 160 607 4224. 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@berkeleyca.gov.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. 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.

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.

Urgent Item: Grant Allocation: Approve Healthy Berkeley Funding Recommendation for Programs to Reduce Consumption of Sugar-Sweetened Beverages (SSBs) for FY24 and FY25 Grant Cycle
From: Sugar-Sweetened Beverage Product Panel of Experts Commission
Recommendation: Approve the SSBPPE Commission’s recommendations and adopt eight (8) Resolutions authorizing the City Manager or her designee to enter into contracts with the Berkeley Unified School District (BUSD) and the Community-Based Organizations (CBOs) listed below to distribute a total of $1,495,180 for FY 2024 and FY 2025 according to the following schedule:
1. $705,056.05 total grant to Berkeley Unified School District to implement the Gardening and Cooking Program for FY 2024 and FY 2025 to be disbursed as follows: $352,528.03 in FY 2024 and $352,528.02 in FY 2025.
2. $85,864.90 total grant to Bay Area Community Resources to implement the Healthy Options at Point of Sale program to be disbursed as follows: $42,932.45 in FY 2024 and $42,932.45 in FY 2025.
3. $106,150.00 total grant to Berkeley Youth Alternatives to implement the Urban Agriculture and Team Nutrition Program to be disbursed as follows: $53,075.00 in FY 2024 and $53,075.00 in FY 2025.
4. $100,378.30 total grant to Ecology Center to implement the For Thirst, Water First! program to be disbursed as follows: $50,189.15 in FY 2024 and $50,189.15 in FY 2025.
5. $130,433.05 total grant to Lifelong Medical Care to implement the Healthy Berkeley, Chronic Disease and Oral Health Prevention program to be disbursed as follows: $65,216.53 in FY 2024 and $65,216.52 in FY 2025.
6. $55,000.00 total grant to Multicultural Institute to implement the Life Skills/Day Laborer Program: Health Activity program to be disbursed as follows: $27,500.00 in FY 2024 and $27,500.00 in FY 2025.
7. $96,923.20 total grant to YMCA of the East Bay to implement the YMCA Healthy Me! program to be disbursed as follows: $48,461.60 in FY 2024 and $48,461.60 in FY 2025.
8. $215,374.50 total grant to Healthy Black Families to implement the Thirsty for Change! (T4C) program to be disbursed as follows: $107,687.25 in FY 2024 and $107,687.25 in FY 2025.
9. The Commission recommends that indirect or administrative expenses not exceed 10% of the program budget for any entity and that the funds awarded not be used to supplant any other source of funding.
10. The Commission recommends that City Council authorize the City Manager to authorize advances for BUSD and the selected community agencies receiving funds in FY 2024 and FY 2025. The advances are to be equivalent to 25% of the agency’s allocation.
Financial Implications: See report
Contact: Roberto Terrones, Commission Secretary, (510) 981-5400

Urgent Item: Excused Absence for Councilmember Kate Harrison
From: Mayor Arreguin (Author)
Recommendation: Excuse Councilmember Kate Harrison from the July 25, 2023 Council meeting as a result of illness.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
 

Consent Calendar

1.-Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code to Conform to State Law, and Make Non-Substantive Technical Edits
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,882-N.S amending the following sections of the Zoning Ordinance to match State law relating to special needs housing (including supportive and transitional housing, emergency shelter, navigation center), employment housing, and family day care, and to make technical edits, corrections and other non-substantive amendments:
-23.202.020 Allowed Land Uses (Residential Districts)
-23.202.110 R-4 Multi-Family Residential District
-23.204.020 Allowed Land Uses (Commercial Districts)
-23.204.040 Use Specific Regulations (Commercial Districts)
-23.204.060 C-U University Commercial District 
-23.206.020 Allowed Land Uses and Permit Requirements (Manufacturing Districts)
-23.206.040 Use Specific Regulations (Manufacturing Districts)
-23.206.050 Protected Industrial Uses 
-23.206.080 MU-LI Mixed Use-Light Industrial District (Land Use Regulations)
-23.302.070 Use-Specific Regulations (Supplemental Use Regulations)
-23.304.030 Setbacks
-23.304.040 Building Separation in Residential Districts
-23.308.020 Applicability and Nonconformities (Emergency Shelters)
-23.308.030 Standards for Emergency Shelters
-23.324 Nonconforming Uses, Structures, and Buildings
-23.324.010 Chapter Purpose
-23.324.050 Nonconforming Structures and Buildings
-23.502.020 Glossary
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

2.-Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 6 (regular), June 13 (regular), June 20 (special closed and special) and June 27 (regular)
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

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 22, 2023, in Sacramento.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

4.-Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley
From: City Manager
Recommendation: Adopt a Resolution allowing the City Manager to execute a sole source contract and any amendments with the Berkeley Convention and Visitors’ Bureau, d.b.a. Visit Berkeley, to distribute one-twelfth of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for the period from July 1, 2023 through June 30, 2027 for a not to exceed amount of $3,500,000.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

5.-Contracts: Turtle Island Monument, Scott Parsons and Artworks Foundry LLC
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute the following artwork contracts and any amendments for the City of Berkeley’s Turtle Island Monument at Martin Luther King Jr. Civic Center Park with contract periods of July 1, 2023 through March 30, 2025:
1. Scott Parsons - for fabrication of three new stone medallions, purchase of twelve selected boulders into which seven existing art medallions will be installed, purchase of granite base stone material for mounting of five bronze turtles for an amount not to exceed $236,000.
2. Artworks Foundry - for fabrication of a large central bronze turtle sculpture for Turtle Island Monument for an amount not to exceed $350,000.
Financial Implications:
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

6.-Contract No. 117596-1 Amendment: Animal Fix Clinic (formerly Fix Our Ferals) for Spay and Neuter Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Animal Fix Clinic (formerly Fix Our Ferals) to provide no-cost spay and neuter surgeries to eligible pet owners for FY 2024, increasing the contract amount by $35,000 for a new total contract amount not to exceed $102,218 and extending the terms of the contract to July 25, 2026.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

7.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 25, 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 - $885,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

8.-Contract Amendment: Cooke and Associates for Applicant Background Investigations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cooke and Associates to expand capacity to perform background investigation services from $50,000 to an amount not to exceed $300,000 from August 1, 2023 through July 31, 2026.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473, Jennifer Louis, Police, (510) 981-5900

9.-Contract Amendments: Mental Health Services Act Community Services and Supports, and Prevention and Early Intervention
From: City Manager
Recommendation: Adopt ten Resolutions authorizing the City Manager or her designee to execute the following contracts, which are funded through Mental Health Services Act (MHSA) Community Services and Supports (CSS) and Prevention and Early Intervention (PEI), increasing the contract amounts as outlined below, and extending the contracts through June 30, 2026:
1. Increasing CSS Contract No. 108800-1 with Bay Area Hearing Voices Network by $46,941 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $325,678 for hearing voices support groups;
2. Increasing CSS Contract No. 31900132 with Building Opportunities for Self-Sufficiency by $100,000 per year from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $700,000 for representative payee services;
3. Increasing CSS Contract No. 32200130 with Alameda County Behavioral Health Care Services by $491,933 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $2,459,665 for Wellness Center operations;
4. Increasing CSS Contract No. 32000117 with Insight Housing (formerly Berkeley Food and Housing Project) for $626,616 per year for three years from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $5,286,488 for supportive housing services;
5. Increasing CSS Contract No. 32000094 with Youth Spirit Artworks by $132,046 per year for three years for Transition Age Youth case management and trauma support services from Mental Health Services Act (Fund #315), and $78,000 for Fiscal Year 2024 for Tiny House Village housing services from Measure P (Fund #011), for a total contract amount not to exceed $1,211,230;
6. Increasing PEI Contract No. 32000240 with Berkeley Unified School District by $401,389 per year from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $2,598,334 for services to support Berkeley students;
7. Increasing PEI Contract No. 088999-1 with Center for Independent Living by $32,046 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $448,860 for services to support older adults;
8. Increasing PEI Contract No. 052129-1 with Pacific Center for Human Growth by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $815,150 for services to support the Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Agender, Plus (LGBTQIA+) population;
9. Increasing PEI Contract No. 32200146 with ONTRACK Program Resources by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $475,000 for services to support African Americans;
10. Increasing PEI Contract No. 3200111 with East Bay Sanctuary Covenant by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $500,000 for services to support the Latinx, Latina, Latino population.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

10.-Contract No. 32300138 Amendment: Prevention and Early Intervention Statewide Project - California Mental Health Services Authority
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300138 with the California Mental Health Services Authority (CalMHSA) to execute a Participation Agreement for Fiscal Year 2024 for the Prevention and Early Intervention (PEI) Statewide Project and allocate Mental Health Services Act (MHSA) funds in the amount of $93,027, for a total amount not to exceed $163,934 through June 30, 2024.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

11.-Contract: 2 Plus 1 Housing Resolution Services for Harriet Tubman Terrace Tenant Advocate
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract for professional services with the vendor 2 Plus 1 Housing Resolution Services for a Harriet Tubman Terrace Tenant Advocate for the Department of Health, Housing, and Community Services (HHCS) from August 1, 2023 to July 31, 2024 in an amount not to exceed $100,000.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

12.-Mental Health Services Act (MHSA) Fiscal Years 2024-2026 Three Year Program and Expenditure Plan
Revised Material (Supp 3)
From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act Fiscal Years 2024-2026 Three Year Program and Expenditure Plan (MHSA Three Year Plan), which provides information on current and proposed uses of funds for mental health programming, and forwarding the MHSA Three Year Plan to appropriate state officials.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

13.-Reserving Predevelopment Funds BRIDGE Housing Coorporation to Support the Development of Affordable Housing at the North Berkeley BART Site
From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving $1,500,000 in Affordable Housing Mitigation Fee funds to BRIDGE Housing Corporation (BRIDGE) or its affiliate to support master planning and predevelopment activities related to the development of affordable housing at the North Berkeley BART site. 2. Authorizing the City Manager or her designee 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.-Establish Classification and Salary Range – Deputy Police Chief
From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented classification of Deputy Police Chief with an hourly salary range of $96.1538 - $125.0000, and an annual salary range of $200,000.0000 - $260,000.0000.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

15.-Salary Range Adjustments: Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,997-N.S., Salary Resolution for Public Employees Union (PEU) – Local 1, to increase the salary range of the Senior Building Maintenance Supervisor by 9.30%; Senior Equipment Supervisor by 13.00%; Senior Public Works Supervisor by 8.53%; and Senior Solid Waste Supervisor by 8.53%, effective January 1, 2023.
This Resolution follows Council consideration of this item in Closed Session on May 1, 2023.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

16.-Piggyback Contract – SmartWave for City Facility Managed Wi-Fi
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract which aligns with the City of Tucson, AZ existing contract and amendments, to provide managed Wi-Fi throughout City of Berkeley facilities in an amount of $325,000 with an option to extend ongoing Operations and Maintenance (O&M) for an additional year for a total contract value not to exceed $370,000 through FY2025.
Financial Implications: IT's Cost Allocation Fund - $370,000
Contact: Kevin Fong, Information Technology, (510) 981-6500

17.-Side Letter Agreement: Hornblower Sublease
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter Agreement with 200 Marina Boulevard, Berkeley, LLC to memorialize the terms and amount of Hornblower sublease rent payments and the City’s consent to the Hornblower sublease at the Doubletree Hotel at the Berkeley Waterfront.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

18.-Contract No. 32200183 Amendment: Western Water Features Inc. for Renovations at King Swim Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200183 with Western Water Features, Inc. for renovations at King Swim Center, increasing the contract amount by $79,000 for a total not to exceed amount of $1,179,000.
Financial Implications: $1,179,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

19.-$5.5M Loan for D and E Dock Project In Berkeley Marina
Revised Material (Supp 2)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to implement one of the following options: (1) execute an Amendment to the existing $5.5M Loan Agreement with the State Division of Boating and Waterways, based on one of four proposed alternatives described in the Current Situation section of the report;
-OR-
(2) adopt a resolution authorizing the City Manager to implement an internal loan of $5.5M from the Workers Compensation Fund and/or the Stability Reserve Fund and/or Catastrophic Reserve Fund as determined by the City Manager, and repay this loan from the Transient Occupancy Tax revenue and/or the Marina Fund with the terms to be determined by the City Manager.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

20.-Accept Grant Funds from the Governor’s Office of Planning and Research to Create a New Environmental Justice Element, Update the General Plan Disaster Preparedness & Safety Element, and Develop Community-Driven Climate and Resilience Metrics
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to accept the California Governor’s Office of Planning and Research (OPR) Adaptation Planning Grant Program (APGP) grant in the amount of $497,042, and to execute any resulting grant agreement, for the duration of August 31, 2023 through January 31, 2026.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

21.-Authorize an Agreement with AC Transit to Provide Funding for Transit Shelter Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a funding agreement between the City of Berkeley and the Alameda-Contra Costa Transit District (AC Transit) to provide an amount not to exceed $110,000 over five years to support transit shelter and bench maintenance.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

22.-Contract No. 32100127 Amendment: Benefit Resource, Inc. for Third-Party Administrator of the Employee Commute Benefit Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Benefit Resource, Inc., (BRI) to provide third-party administrator services for the City of Berkeley's Employee Commute Benefit Program for an amount not to exceed $50,000 for a total contract not to exceed of $100,000 and extending the term through February 28, 2025.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

23.-Contract No. 32000128 Amendment: WSP USA Environment & Infrastructure Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000128 with WSP USA Environment & Infrastructure Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) to increase the contract for on-call environmental consulting services by $500,000 for a new not to exceed amount of $1,200,000 and extend the contract term through December 30, 2026.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

24.-Contract No. 32000145 Amendment: Zonar Systems, Inc. for Global Positioning System Telematics Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000145 with Zonar Systems, Inc. for global positioning system telematics program, increasing the amount by $200,000 for a total amount not to exceed $478,698 and extending the term through June 30, 2026.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

25.-Contract No. 32100070 Amendment: Urban Ore, Inc. for Salvage Operations at the City of Berkeley Transfer Station
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100070 with Urban Ore, Inc. for salvage operations of reusable materials at the City's Transfer Station increasing the not to exceed amount by $75,272 for a new not to exceed amount of $189,848 and extending the term through June 30, 2025.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

26.-Contract: R & S Erection of Richmond, Inc. for On-Call Roll Up Door and Gate Maintenance and Replacement
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments and extensions, with R & S Erection of Richmond, Inc. for the ongoing maintenance, urgent repairs and replacement of roll up doors in an amount not to exceed $300,000 for the period of August 1, 2023 through July 31, 2026.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

27.-Contract: Wood Rodgers, Inc. for Stormwater Master Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a professional services contract with Wood Rodgers, Inc. in an amount not to exceed $1,900,000 for the development of a comprehensive Stormwater Master Plan (SWMP). A comprehensive SWMP would identify key deficiencies in the stormwater system, prioritize capital improvement projects, identify funding needs, develop City specific drainage design standards, and update maintenance and inspection plan for stormwater facilities.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

28.-Contract: Disability Access Consultants for On-Call American with Disabilities Act Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Disability Access Consultants (DAC) for on-call American with Disabilities Act consulting services to provide support to the City of Berkeley’s Disability Compliance Program, for up to three years in an amount not to exceed $300,000.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

29.-Audit Status Report: Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress towards the Year 2020 Zero Waste Goal (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: City Manager
Recommendation: See policy committee recommendation.
Policy Committee Recommendation: Send the item to Council with a positive recommendation.
Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300

30.-Audit Status Report: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: City Manager
Recommendation: See policy committee recommendation.
Policy Committee Recommendation: Send the item to Council with a positive recommendation.
Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300

31.-Resolution to Adopt a City-Wide “Care First, Jails Last” Policy
From: Mental Health Commission
Recommendation: Adopt a Resolution adopting a city-wide “Care First, Jails Last” policy that prioritizes the use and/or development of a continuum of care for individuals with mental illness, substance use, or co-occurring disorders rather than incarceration. Require City departments that have contact with the public to revise policies, procedures, and practices to reflect this priority and policy resolution. Require City Council to use this priority and policy resolution to inform budgetary priorities.
Financial Implications: See report
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

32.-Young Lives Matter Foundation Walk for Peace: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including up to $500 from Councilmember Taplin, to support the Young Lives Matter Foundation’s Walk for Peace with funds relinquished to the City’s general fund.
Financial Implications: Councilmember’s Discretionary Fund - $500
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

33.-Resolution to Initiate Berkeley Farmers’ Market Week
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution to officially proclaim the first week of August as Berkeley Farmers’ Market Week.
Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

34.-Commemoration of the 100th Anniversary of the 1923 Berkeley Fire: Relinquishment of Council Office Budget Funds from General Funds and Grant Such Funds
From: Councilmember Wengraf (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember or Mayor, including $500 from Councilmembers Wengraf and Harrison, to support the City’s Commemoration of the 100th Anniversary of the 1923 Berkeley Fire with funds relinquished to the City’s general fund. The relinquishment of funds from Councilmembers Wengraf and Harrison’s discretionary Council Office Budgets and all other Councilmembers and Mayor who would like to contribute will support a community fair with family friendly activities, including historical and educational displays and activities for the 1923 Fire Commemoration on September 17, 2023.
Financial Implications: Councilmembers' Discretionary Funds - $500
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

35.-Resolution Supporting the Unionization of Peet’s Coffee Workers
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation: Adopt a Resolution in support of workers at Peet’s Coffee unionizing under the Industrial Workers of the World IU 460
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

-The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

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.

-During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

-Staff shall introduce the public hearing item and present their comments. For certain hearings, 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.

When applicable, 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.

36.-Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23, and repealing BMC Chapter 12.99, relating to Accessory Dwelling Units and Junior Accessory Dwelling Units.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar - New Business

38a.-Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)
Supplemental material (Supp 1)
Presentation
From: City Manager
Recommendation: Adopt a Resolution accepting the proposed policies and acquisition report for the use of fixed automated license plate readers (ALPRs).
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

39.-Assembly Bill 481, 2022 Annual Military Equipment Report
From: City Manager
Recommendation: Adopt a Resolution approving the 2022 Annual Military Equipment Report.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

Council Action Items

40.-Waivers for Woolsey Gardens Affordable Housing Project
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor)
Recommendation: Pursuant to Berkeley Municipal Code (BMC) Section 22.20.070 and/or 22.20.080, adopt a Resolution approving the following requests from Northern California Land Trust for the Woolsey Gardens affordable housing project at 3120-3130 Shattuck: 1. Waive the requirement in BMC Section 23C.12.070(C)(4) in force at the time of entitlement that subsequent purchasers of inclusionary units in limited equity housing cooperatives have a yearly gross income of no more than 44 percent of the cost of a unit at the time of sale. 2. Approve the provision of an additional inclusionary unit instead of paying the in-lieu fee equivalent of .44 units as required by BMC Section 23.C.12.040(E) in force at the time of entitlement.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100