City Council Regular Meeting eAgenda March 14, 2023

REVISED AGENDA

(Revised to add Teleconference Location)

BERKELEY CITY COUNCIL MEETING

Tuesday, March 14, 2023
6:00 PM

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

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/1600955724.  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: 160 095 5724. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@cityofberkeley.info.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 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.

1.-Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter 13.110
Revised material (Supp 2)
Supplemental material (Supp 2)
From: Mayor Arreguin (Author), Councilmember Hahn (Author)
Recommendation: Adopt second reading of Ordinance No. 7,855-N.S. amending Berkeley Municipal Code (BMC) Chapter 13.110, the COVID-19 Emergency Response Ordinance to suspend the application of the ordinance to commercial property, permit lawful owner move-in evictions, and establish a Transition Period during which time specified evictions would be prohibited.
First Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Wengraf; Abstain – Kesarwani, Humbert.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

2.-Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission
From: Councilmember Harrison (Author)
Recommendation: Adopt second reading of Ordinance No. 7,856-N.S., amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

3.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 14, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: Mental Health Services Act - $2,802,400
Contact: Henry Oyekanmi, Finance, (510) 981-7300

4.-Contract: KLD Engineering, P.C. for Evacuation and Response Time Modeling
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to piggyback on the County of Santa Barbara contract and execute a contract and any amendments with KLD Engineering, P.C., for Evacuation and Response Time Modeling from April 1, 2023 through June 30, 2024 in the amount not to exceed $400,000 with an option to extend for an additional two years not to exceed an additional $100,000 if the piggyback contract is extended.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

5.-Contract: GoGo Technologies, Inc. for Transportation Services for Seniors and the Disabled
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or her designee, to execute a contract and any amendments with GoGo Technologies, Inc. in the amount of $350,000 for the period of April 1, 2023 through June 30, 2026 for the provision of a 24/7 call center to arrange rides with Uber and Lyft for customers of the Aging Services Division’s Berkeley Rides for Seniors and the Disabled program.
Financial Implications: Measure BB Fund - $350,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6.-Contract: mySidewalk, Inc. for HHCS Web-Based Population Health Data Platform
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with mySidewalk, Inc. to provide a web-based population health data platform to access, compile, and share Community Health Assessment (CHA) data, and priority issues and strategies for the Community Health Improvement Plan (CHIP) for the Department of Health, Housing and Community Services (HHCS) from March 15, 2023 to March 14, 2026, in an amount not to exceed $128,315.
Financial Implications: Various Funds - $128,315
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

7.-Contract No. 32000225 Amendment: Its Personnel Consulting for Recruitment, Hiring, and Independent Workplace Investigation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000225 with Its Personnel Consulting for recruitment, hiring and independent workplace investigation services, increasing the amount by $149,000 for total amount not to exceed $349,000 and extending the term of the contract through June 30, 2024.
Financial Implications: General Fund - $149,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

8.-Contract No. 32100046 Amendment: HR Acuity, LLC for Case Management and Employee Relations Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100046 with HR Acuity, LLC for case management and employee relations software, increasing the amount by $139,000 for a total amount not to exceed $189,000, and extending the contract term to June 30, 2025.
Financial Implications: General Fund - $139,000
Contact: Aram Kouyoumdjian, Human Resources, 510-981-6800

9.-Purchase Orders: Glassdoor to Provide Search Engine Optimization (SEO) and Ad Work
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders with Glassdoor to provide search engine optimization (SEO) and ad work for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000.
Financial Implications: Various Funds - $150,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

10.-Purchase Orders: Indeed to Provide Search Engine Optimization (SEO) and Ad Work
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders with Indeed to provide search engine optimization (SEO) and ad work for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000.
Financial Implications: Various Funds - $150,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

11.-Contract No. 31900187 Amendment: LV.NET (formerly Towerstream) for Secondary Internet for Redundancy and Load Balancing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with LV.NET (formerly Towerstream, Inc.) for redundant secondary internet services, increasing the contract amount by $106,000 for a total not-to-exceed amount of $278,000 from October 3, 2017 to June 30, 2024.
Financial Implications: Information Technology Communications Services Fund - $106,000
Contact: Kevin Fong, Information Technology, (510) 981-6500

13.-Resolution to Support SB 50
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution in support of Senate Bill 50 with amendments, introduced by Senator Steven Bradford.  Send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14.-Support SB 252 – State Divestment from Fossil Fuels
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a Resolution in support of SB 252 (Gonzalez), which would prohibit the Public Employees’ Retirement System (CalPERS) and the State Teachers’ Retirement System (CalSTRS) from investing in fossil fuel companies. Send a copy of the Resolution to Assemblymember Buffy Wicks, State Senators Nancy Skinner and Lena Gonzalez, Governor Gavin Newsom, CalPERS, and CalSTRS.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

15.-Budget Referral: Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Robinson (Co-Sponsor)
Recommendation: Refer $400,000 to the June 2023 mid-year budget update to conduct community engagement, public information campaign, and program plan development for potential 2024 complete streets and climate-resilient infrastructure revenue measures.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

16.-Resolution Supporting Unionization Efforts by Urban Ore workers
From: Councilmember Taplin (Author), Councilmember Robinson (Co-Sponsor)
Recommendation: Adopt a Resolution in support of workers at Urban Ore unionizing under representation by the Industrial Workers of the World (IWW) Union 670.
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

17.-Support for SB-58: Controlled Substances
Revised material (Supp 1)
From: Councilmember Taplin (Author), Councilmember Robinson (Co-Sponsor)
Recommendation: Send a letter of support for Sen. Wiener’s Senate Bill 58, which would decriminalize psilocybin, psilocyn, MDMA, DMT, ketamine, mescaline, and ibogaine; expunge criminal records for use and possession of these substances; and establish a commission to provide recommendations to the state legislature on therapeutic uses.
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

18.-Letter in Support of SB 466
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Send a letter to Senator Aisha Wahab (cc: Governor Gavin Newsom, Senator Nancy Skinner, Assemblymember Buffy Wicks) in support of SB 466, which would reform the Costa-Hawkins Rental Housing Act.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

19.-Resolution and Letter in Support of H.R. 852, the Investing in Safer Traffic Stops Act of 2023
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution in support of H.R. 852, the Investing in Safer Traffic Stops Act of 2023, and send a letter of support to Representative Ritchie Torres, Representative Barbara Lee, Senator Alex Padilla, and Senator Dianne Feinstein.
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 as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Old Business

20.-Reforms to Public Comment Procedures at meetings of the Berkeley City Council (Reviewed by the Agenda & Rules Committee. Continued from February 2, 2023. Item contains supplemental materials.)
Supplemental material (Supp 2)
From: Councilmember Droste (Author)
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting and Appendix C Temporary Rules for The Conduct of City Council Meetings Through Video Conference During The Covid-19 Emergency to: 1. Consolidate non-agenda public comment, public comment on the Consent Calendar, and public comment on Action Items into a single public comment period toward the start of the Council meeting (consistent with the Berkeley Unified School District’s public comment procedure), and continue to provide for additional time for public comment at the end of meetings; 2. Adopt reasonable limits on the overall number of public speakers (consistent with rulings from the Second District Court of Appeal) with a mechanism for the City Council to extend public comment; and 3. Rescind Resolution No. 70,091– N.S.
Policy Committee Recommendation: To send the item to the City Council with a negative recommendation that no action be taken on the item.
Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180

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 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.

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.

21.-Ambulance User Fee Increase
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution:  1) Adjusting the Ambulance User Fee Schedule to match Alameda County’s approved ambulance user fee schedule, made effective July 1, 2022, for the Cities of Alameda, Albany, Berkeley, and Piedmont; 2) Making the new Ambulance User Fee Schedule effective April 1, 2023; 3) Authorizing the City Manager to execute an amendment to Contract No. 31900182 with Alameda County for ambulance transport services to incorporate the fee increase; and 4) Rescinding Resolution No. 68,897–N.S., effective April 1, 2023.
Financial Implications: See Report
Contact: David Sprague, Fire, (510) 981-3473

Action Calendar – Old Business

23.-Climate Action Plan and Resilience Update (Continued from November 29, 2022)
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – New Business

Public Comment – Items Not Listed on the Agenda

Adjournment

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.