City Council Regular Meeting eAgenda March 26, 2024

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, March 26, 2024
6:00 PM

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

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

Jesse Arreguin, Mayor

Councilmembers:

This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. 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/1618014669.  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: 161 801 4669. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

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.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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 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 Items

Kala Art Institute 2024 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds         
From:  Councilmember Sophie Hahn (Author) and Councilmember Terry Taplin (Co-Sponsor)
Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Hahn and $500 from Councilmember Taplin, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2024, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational programs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budgets of Councilmembers Hahn and Taplin, and from any other Councilmembers who would like to contribute.
Financial Implications: See report.
Contact: Councilmember Sophie Hahn, (510) 981-7150

Support of AB 2346 (Lee)
From: Vice Mayor Wengraf
Recommendations: Send a letter to the California Legislature through their online portal, in support of AB 2346 (Lee), with copies to Priscilla@syaslpartners.com and Andrew.White@asm.ca.gov
Financial Implications: None
Contact: Vice Mayor Susan Wengraf,  Council District 6, (510) 981-7160

Berkeley City College’s 50th Anniversary Gala: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
From: Mayor Jesse Arreguin
Recommendations: Adopt a resolution approving the expenditure of an amount not to exceed $500.00 per council member, including $500.00 from Mayor Arreguín, to Berkeley City College with funds relinquished to the City’s general fund for this purpose from the discretionary council office budget of Mayor Arreguín and any other council members who would like to contribute.
Financial Implications: $500.00 from Mayor Arreguín’s discretionary council office budget.
Contact: Mayor Jesse Arreguin, (510) 981-7100

Consent Calendar

1.-Lease Agreement: Dorothy Day House d.b.a Dorothy’s Closet at 2425a Channing Avenue in the Telegraph-Channing Mall and Garage
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,900-N.S. authorizing the City Manager to execute a lease agreement with Dorothy Day House, a 501c3 nonprofit organization doing business as Dorothy’s Closet to use and occupy 2425a Channing Avenue inside the Telegraph-Channing Mall and Garage for a five (5) year lease term with an option to extend for one additional five (5) year term. The initial lease term is anticipated to begin retroactively on May 1, 2023.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300

2.-Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 5, 2024 (closed), February 13, 2024 (regular), February 20 (closed), February 27, 2024 (special and regular) and February 29, 2024 (special).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

4.-Contract: Housing Consortium of the East Bay (HCEB) to operate shelter at the Rodeway Inn
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Housing Consortium of the East Bay (HCEB) to operate an interim housing program at the Rodeway Inn (1461 University Ave.) through September 30, 2024.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

6.-Contract No. 32000060 Amendment: Toshiba for Multi-function Devices
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the City’s contract with Toshiba (contract #32000060) through September 15, 2025, and to approve additional appropriations related for performance of this contract.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7.-Contract No. 32400009 Amendment: Stella Courier for Satellite Mail Services/Mail Room Coverage
From: City Manager
Recommendation: Adopt a Resolution approving an additional $50,000 to Contract 32400009 with Stella Courier, and authorizing the City Manager to amend the contract accordingly.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

8.-Contract: Marina Landscape for Wildfire Safe Model Garden Construction at Firehouse #4
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments, extensions, or change orders with Marina Landscape in an amount not-to-exceed $275,000 over a two-year period, to provide landscaping, irrigation installation, grading, and the removal of previous vegetation around Berkeley Firehouse #4.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

9.-Contract No. 32400033 Amendment: Strategic Economics for Affordable Housing Requirements Economic Feasibility Analysis
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract no. 32400033 with Strategic Economics, increasing the contract amount by $50,000 for contract services in a total amount not to exceed $200,000, with a contract end date of January 15, 2025.
Financial Implications: See report.
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400

10.-Contract No. 31900225 Amendment: LifeLong Medical Care to fund No Place Like Home (NPLH) supportive services at Maudelle Miller Shirek
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900225 with LifeLong Medical Care (LLMC) to add $15,300 to provide No Place Like Home (NPLH) tenancy sustaining services at Maudelle Miller Shirek for a total contract amount not to exceed $2,873,947.
Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400

11.-Contract Amendment: The Labor Compliance Managers for Labor Standards Enforcement Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to the Contract with The Labor Compliance Managers increasing the contract by $50,000 for consulting services for a total amount not to exceed $100,000.
Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400

12.-Contract for Health Officer Coverage
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Dr. Gail Newel for Health Officer services during periods when the City Health Officer is out of the office for the period May 1, 2024 through May 1, 2025 in an amount not to exceed $30,000.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

13.-Appointment of Director of Public Works
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Terrance Davis as the Director of Public Works to be effective April 15, 2024 at an annual salary of $260,000.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

14.-Memorandum of Understanding: Berkeley Chief Fire Officers Association
Supplemental material (Supp 2)
From: City Manager
Recommendation: Adopt a Resolution 1) approving a successor Memorandum of Understanding (MOU) with the Berkeley Chief Fire Officers Association (BCFOA) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for BCFOA classifications (Representation Unit A) that implements the salary adjustments reflected in the new MOU and supersedes prior salary resolutions.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

15.-Contract No. 32400015 Amendment: California Consulting for on-call grant writing services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400015 with California Consulting, Inc. for on-call grant writing services to increase the contract amount by $303,000 for a new not-to-exceed amount of $350,000 and extend the contract term to June 30, 2026.
Financial Implications: Various Funds - $350,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

16.-Fiscal Year 2025 Street Lighting Assessments – Initiating Proceedings
From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and ordering the preparation of Engineer’s Reports.
Financial Implications: See report.
Contact: Andrew Murray, Public Works, (510) 981-6300

17.-Purchase Order Extension Authorizations for Critical Vendors of Equipment Maintenance Parts and Services for Multiple Departments
From: City Manager
Recommendation: Adopt fourteen Resolutions authorizing the City Manager to execute extensions of existing multi-year purchase orders for Equipment Maintenance Parts and Services as described below through June 30, 2025:
1. Purchase Order with Golden State Emergency Vehicle for Fire vehicle repairs increased by $500,000 to a new total Purchase Order amount not to exceed $800,437.50.
2. Purchase Order with Pape Machinery, Inc. for heavy equipment parts and repairs increased by $375,000 to a new total Purchase Order amount not to exceed $666,697.50.
3. Purchase Order with City Auto Supply for ongoing vehicle parts increased by $250,000 to a new total Purchase Order amount not to exceed $432,447.50.
4. Purchase Order with Fleetwash, Inc. for vehicle washing increased by $200,000 to a total Purchase Order amount not to exceed $372,615.
5. Purchase Order with Coast Counties Truck & Equipment Co. for heavy equipment parts increased by $225,000 to a new total Purchase Order amount not to exceed $351,730.
6. Purchase Order with Arata Equipment Company for Zero Waste vehicle parts and repairs increased by $210,000 to a new total Purchase Order amount not to exceed $320,180.
7. Purchase Order with TEC of California, Inc. for vehicle parts and accessories increased by $200,000 to a new total Purchase Order amount not to exceed $305,000.
8. Purchase Order with Future Ford of Concord for auto/truck parts and service increased by $205,000 to a new total Purchase Order amount not to exceed $300,000.
9. Purchase Order with Acme Rigging & Supply Company, Inc. for wheel loader and heavy equipment parts increased by $200,000 to a new total Purchase Order amount not to exceed $285,995.
10. Purchase Order with Western Truck Center in an amount not to exceed $260,000.
11. Purchase Order with Southern Counties Lubricants LLC for vehicle lubricants increased by $175,000 to a new total Purchase Order amount not to exceed $238,500.
12. Purchase Order with McNeilus Truck and Manufacturing Company for Zero Waste truck parts increased by $150,000 to a new total Purchase Order amount not to exceed $200,000.
13. Purchase Order with California Covers for upholstery services increased by $60,000 to a new total Purchase Order amount not to exceed $110,881.01.
14. Purchase Order with Berry Brothers for towing services increased by $15,000 to a new total Purchase Order amount not to exceed $50,000.
Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300

18.-Filling Vacancies Among the Elected Representatives of the Poor
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointment of Cheryl Atkinson (District 1) as an elected representative of the poor on the Human Welfare and Community Action Commission (HWCAC), having been voted at the HWCAC February 7, 2024 meeting, and that their term expires November 28, 2024.
Financial Implications: See report
Contact: Mary-Claire Katz, Commission Secretary, (510) 981-5400

20.-Budget Referral: Funding to Protect Pedestrian Safety on Upper Marin Avenue
Supplemental material (Supp 2)
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation: Refer to the Budget Process up to $200,000 for study and implementation of traffic control measures on upper Marin Avenue to address urgent safety needs for pedestrians.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

21.-Proclamation in Honor of City of Berkeley Holocaust Remembrance Day
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the City of Berkeley’s 21st Annual Holocaust Remembrance Day. The program will take place virtually on Sunday, May 5th, 2024.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

-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.

Action Calendar – Public Hearings

-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.

23.-Zoning Ordinance Amendments to Berkeley Municipal Code Chapter 23.326 Demolition and Dwelling Unit Controls
Revised material - Planning and Development (Supp 1)
Revised material - Councilmember Kesarwani and Humbert (Supp 1)
Revised material (Supp 2)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance regarding amendments to Berkeley Municipal Code Chapter 23.326 Demolition and Dwelling Unit Control Ordinance.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – New Business

24b.-Reform the Human Welfare and Community Action Commission by amending rules regarding the Commission’s composition, number of members, filling of vacancies, election of low-income representatives, enumerated functions, and other changes
Supplemental material (Supp 2)
From: City Manager
Recommendation: Adopt first reading of an Ordinance to reform the Human Welfare and Community Action Commission (HWCAC)
Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400

Information Reports

25.-Fiscal Year 2024 Mid-Year Budget Update
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

26.-Two consecutive meetings canceled for lack of quorum
From: Homeless Services Panel of Experts
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

Public Comment – Items Not Listed on the Agenda

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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.