City Council Regular Meeting eAgenda June 16, 2020

REVISED AGENDA
(ADDED CONTINUED ITEMS FROM JUNE 9, 2020)

BERKELEY CITY COUNCIL MEETING

Tuesday, June 16, 2020

6:00 PM

Jesse Arreguin, Mayor

Councilmembers:

PUBLIC ADVISORY:  THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE

Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference.  Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, there will not be a physical meeting location 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/81458990553.  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 and enter Meeting ID: 814 5899 0553. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit an e-mail comment during the meeting to be read aloud during public comment, email clerk@cityofberkeley.info with the Subject Line in this format: “PUBLIC COMMENT ITEM ##.” Please observe a 150 word limit. Time limits on public comments will apply. Written comments will be entered into the public record. 

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.

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.

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Adjourn in memory of all the victims of the COVID-19 pandemic

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.

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.” 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.

2.-Amendment and Assignment of Capital Contribution Agreement: 200 Marina Blvd, LLC for the Doubletree Hotel
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,705-N.S. approving an Amendment and Assignment of the City’s Capital Contribution Agreement with 200 Marina Boulevard, Berkeley, LLC (200 Marina LLC) for the Doubletree Hotel, which would assign the agreement by 200 Marina LLC to its parent company, Apollo Bright, LLC (Apollo LLC), and change the payment schedule for the capital contribution from $3M due in June 2020 to $375,000 due in October 2020 and $2,675,000 due upon Council approval of the Marina streets construction contract, estimated to be in January 2021. Apollo LLC’s obligation to make the two capital contribution payments totaling $3 million will be backed by an irrevocable standby letter of credit, which will be provided to the City upon execution of the amendment and assignment.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

3.-City Council Rules of Procedure and Order Revisions
From: City Manager
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to add temporary rules for the conduct of meetings during the COVID-19 declared emergency; add rules for the submission of late items pursuant to Government Code Section 54954.2(b); and rescinding any preceding amendatory resolutions.
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-600

4.-Appointment of Director of Public Works
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Liam Garland as the Director of the Public Works Department to be effective July 13, 2020, at an annual salary of $205,000.
Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000

5.-Urgency Ordinance Declaring a Local Fiscal Emergency In Response to the Novel Coronavirus (COVID-19) Pandemic
From: City Manager
Recommendation: Adopt an Urgency Ordinance declaring a fiscal emergency in response to the COVID-19 pandemic as required by Council policy to be able to access the General Fund Stability Reserve to cover deficits.
Financial Implications: See report
Contact: Dave White, City Manager’s Office, (510) 981-7000

6.-Amendment to Contract No. 108410-1: Paw Fund for Spay and Neuter Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108410-1 with Paw Fund allocating $11,906 to provide no cost spay and neuter surgeries to eligible pet owners for FY 2021, with a total contract amount not to exceed $107,154.
Financial Implications: See report
Contact: Erin Steffen, City Manager's Office, (510) 981-7000

7.-Assessments: Berkeley Tourism Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution approving the Annual Report of FY20 and preliminary budget for FY21 for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.
Financial Implications: See report
Contact: Jordan Klein, Economic Development, (510) 981-7530

8.-Temporary Appropriations FY 2021
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2020, until the effective date of the FY 2021 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

9.-FY 2021 Tax Rate: Fund Disaster Fire Protection (Measure Q)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the procurement of disaster fire equipment at $0.0125 (1.25 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

10.-FY 2021 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0070%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

11.-FY 2021 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0160%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

12.-FY 2021 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0140%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

13.-FY 2021 Special Tax Rate: Fund the Provision of Library Services
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the provision of Library Services in the City of Berkeley at the FY 2020 tax rate adopted by Ordinance No. 7,665-N.S. on June 11, 2019 at $0.2272 (22.72 cents) per square foot for dwelling units and $0.3435 (34.35 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300; Elliot Warren, Library, (510) 981-6100

14.-FY 2021 Tax Rate: Business License Tax on Large Non-Profits
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for Business License Tax on large non-profits at $0.6659 (66.59 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

15.-FY 2021 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0090%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

16.-FY 2021 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0080%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

17.-FY 2021 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.1793 (17.93 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

18.-FY 2021 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the provision of emergency services for the disabled at $0.01699 (1.699 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

19.-FY 2021 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2021 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0397 (3.97 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

20.-Contract No. 31900043 Amendment: Kings View for Mental Health Reporting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900043 with Kings View to provide mental health reporting services through June 30, 2022, in an amount not to exceed $106,428.
Financial Implications: See report
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

21.-Authorize the City Manager to Submit LEAP Planning Grants Program Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit an application for the state Local Early Action Planning (LEAP) grant program in the amount of $500,000, and to execute documents or amendments once the grant is awarded.
Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, (510) 981-7400

22.-Contract No. 8219C Amendment: Ecology Center, Inc. for Residential Curbside Recycling Collection
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend and extend Ecology Center, Inc.’s Contract No. 8219C and increase the current Contract to include: $210,090 for the purchase of 1600 new recycling carts, and $3,850,384 to fund one (1) additional year of residential curbside recycling collection services.  With the Amendment increase of $4,060,474, the Contract’s not to exceed amount is $39,643,153 and will extend the Contract term for one year (1) year from July 1, 2020 through June 30, 2021.
Financial Implications: Zero Waste Fund - $4,060,474
Contact: Phillip Harrington, Public Works, (510) 981-6300

24.-Lessons Learned in Organizational Management During Crisis
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor)
Recommendation: Refer to the City Manager to include insights and reflections on organizational management in any comprehensive report regarding the City response to the COVID-19 Emergency.  Information should include but not limited to: an overview of how the City was structured and functioned differently during activation of the Emergency Operations Center, the benefits and challenges with cross departmental collaborations, and strategies or structures worth instituting and incorporating into future day-to-day departmental actions and interactions.
Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100

25.-Supporting the United States and Cuba Collaboration in Fighting COVID-19
From: Councilmember Davila (Author), Councilmember Harrison (Co-Sponsor)
Recommendation:
1. Adopt a Resolution supporting the United States and Cuba collaboration in fighting COVID-19; and 
2. Send copies of this resolution to United States Senators Dianne Feinstein and Kamala Harris and United States Congresswoman Barbara Lee.
Financial Implications: None
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

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.

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. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

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

26.-Re-Establishment of the North Shattuck Business Improvement District
From: City Manager
Recommendation:
1. Conduct a public hearing on the re-establishment of the North Shattuck Business Improvement District (NSBID or “the District”).
2. Upon conclusion if no majority protest exists after tabulation of assessment ballots, adopt two Resolutions:
a. Re-establishing the NSBID for the ten-year period beginning July 1, 2020 and ending June 30, 2030, and levying assessments on properties within the District for fiscal year 2021.
b. Authorizing the City Manager to execute a sole source contract and any amendments with the North Shattuck Association (NSA or “the Association”) not to exceed $2,652,778 of NSBID funds to support the North Shattuck area for the period July 1, 2020 to June 30, 2030 (FYs 21-30), through the expiration of the NSBID.
Financial Implications: See report
Contact: Jordan Klein, Economic Development, (510) 981-7530

27.-Levy and Collection of FY 2021 Street Lighting Assessments
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt two Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2021.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, (510) 981-6300

28.-Implement Residential Preferential Parking (RPP) Program on the 2900 Block of Lorina Street and the 3100 Block of Deakin Street
From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25J and Section 25M by adding a subsection to implement Residential Preferential Parking (RPP) on the east side of the 2900 block of Lorina Street in RPP Area N and both sides of the 3100 block of Deakin Street in Area M.
Financial Implications: See report
Contact: Phillip Harrington, Public Works, (510) 981-6300

B.-Presentation and Discussion of Community Survey Results and Direction About Next Steps for Possible Ballot Measure Development (Item Contains Supplemental Material) (Continued from June 9, 2020)
From: City Manager
Recommendation: Discuss results of the community survey and provide direction to the City Manager about the drafting of possible measures for inclusion on the November 2020 ballot.
Financial Implications: See report
Contact: David White, City Manager's Office, 981-7000

C.-Placing Charter Amendment Measure on the November 3, 2020 Ballot Related to Full-Time Status and Salaries for the Mayor and Councilmembers (Continued from June 9, 2020)
From: City Manager
Recommendation:
1. Adopt a Resolution submitting an Amendment to Article V of the City Charter regarding the full-time status and salaries for the Mayor and City Council to a vote of the electors at the November 3, 2020 General Municipal Election.
2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

D.-Recommendation to Prepare a City Ballot Measure to Create a Climate Action Fund, in Response to the Fossil Fuel Free Berkeley Referral (Continued from June 9, 2020)
Revised material (Supp 3)
From: Energy Commission
Recommendation: The Commission recommends that the City Council develop a referendum and seek approval for it on the 2020 ballot to create a Climate Action Fund, which would support actions to achieve the Berkeley Climate Action Plan, to become Fossil Fuel free, and to respond to the Climate Emergency.
Financial Implications: See report.
Contact: Billi Romain, Commission Secretary, (510) 981-7400

E.-Proposed Amendment to Berkeley’s Minimum Wage Ordinance: Berkeley Municipal Code Chapter 13.99 (Continued from June 9, 2020)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 13.99, revising Section 13.99.040 to reinstate the exemption for youth job training programs, and freezing the youth wages at $14.50 per hour for FY21, then increase the wage annually according to the Consumer Price Index as will occur with the Berkeley Minimum wage.
Financial Implications: See report
Contact: Lisa Warhuus, Housing and Community Services, (510) 981-5400

31.-Contract: CycloMedia Technology, Inc. for Geographic Information System Infrastructure Asset Data Acquisition (Continued from May 26, 2020)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with CycloMedia Technology Incorporated for Geographic Information System infrastructure asset data acquisition, for an amount not to exceed $187,401 for the period commencing on May 15, 2020 to June 30, 2022.
Financial Implications: Various Funds - $187,401
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

32.-Refunding of $7,790,000 City of Berkeley 2020 Refunding General Obligation Bonds, Series A; Refunding of $11,690,000 City of Berkeley 2020 Refunding General Obligation Bonds, Series B; and Issuance of $38,000,000 City of Berkeley 2020 General Obligations Bonds (Post Sale Report)
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

33.-FY 2020 Second Quarter Investment Report: Ended December 31, 2019
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

34.-FY 2020 Third Quarter Investment Report: Ended March 31, 2020
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300