City Council Regular Meeting eAgenda November 17, 2020

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, November 17, 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/87576755752.  If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous.  To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 875 7675 5752. 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.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda.  If five or fewer persons wish to speak, each person selected will be allotted two minutes each.  If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Consent Calendar

-The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move to Action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items.  A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

2.-Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the council meetings of October 1, 2020 (closed), October 6, 2020 (closed), October 8, 2020 (closed), October 13, 2020 (special and regular),  October 20, 2020 (closed and special), and October 27, 2020 (closed and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

3.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 17, 2020
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 - $7,429,349
Contact: Henry Oyekanmi, Finance, (510) 981-7300

4.-Revenue Contract: The Center at Sierra Health Foundation for $100,000 for Information Technology Equipment, Telehealth Licenses, and Personal Protective Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to apply for funding provided by The California Department of Health Care Services through the Behavioral Health Telehealth Request for Applications and accept the funding and execute any resultant revenue agreements and amendments to purchase Information Technology equipment, Telehealth licenses, and Personal Protective Equipment up to $100,000 total in fiscal year 2021 and fiscal year 2022.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

5.-Contract No. 32100021 Amendment: Telfords for Tyler Munis ERP System (locally referred to as ERMA) Implementation Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100021 with Telfords, for Consulting Services for Tyler Munis ERP system project management and implementation support services and to increase the contract amount by $50,000 for a total not to exceed $100,000 and to extend the contract through June 30, 2021.
Financial Implications: See report
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

6.-Refer to the Planning Commission to Amend the General Plan Land Use Classification and Rezone Parcels Located at 1709 Alcatraz Street, 3404 King Street, 3244 Ellis Street, 1717 Alcatraz Avenue and 2024 Ashby Avenue
From: City Manager
Recommendation: Refer to the Planning Commission consideration that the parcels located at 1709 Alcatraz Street (APN 052-1533-001-03), 3404 King Street (APN 052-1435-001-02), 3244 Ellis Street (APN 052-1533-005-00), 1717 Alcatraz Avenue (APN 052-1533-005-00) and 2024 Ashby Avenue (APN 053-1592-022-00) be reclassified to the new Adeline Corridor Mixed Use General Plan Land Use Classification; and consideration that the same areas be rezoned to the new Commercial – Adeline Corridor District.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

7.-Contract No. 103266-1 Amendment: Karste Consulting, Inc. for Emergency Preparedness Services and Training
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 103266-1 (Contract No. 9786C in FUND$) with Karste Consulting, Inc. to increase the amount by $100,000 for a total amount not to exceed $350,000 and to extend the term through December 31, 2022.
Financial Implications: Various Funds - $100,000
Contact: Liam Garland, Public Works, (510) 981-6300

8.-Contract No. 108747-1 Amendment: Acumen Industrial Hygiene for Industrial Hygiene Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108747-1 (Contract No. 10203A in FUND$) with Acumen Industrial Hygiene for industrial hygiene services, increasing the amount by $100,000 for a new total contract amount not to exceed $250,000 and extending the contract through June 30, 2022.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

9.-Contract No. 108007-1 Amendment: Don’s Tire Service, Inc. for Tire Repair Services for City Fleet Vehicles
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108007-1 (Contract No. 10140 in FUND$) with Don’s Tire Services, Inc. for repair and replacement services for automobile and truck tires for City of Berkeley fleet vehicles for an additional $123,534, for a new total not to exceed $273,534, and extend the authorized term through June 30, 2021.
Financial Implications: Equipment Maintenance Fund - $123,534
Contact: Liam Garland, Public Works, (510) 981-6300

10.-Purchase Order: Bruce’s Tire, Inc. for New Automobile and Truck Tires for City Fleet Vehicles
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the available spending with Bruce’s Tire Inc. for the purchase of automobile and truck tires for City of Berkeley fleet vehicles for an additional $317,563, for a new total not to exceed $1,192,563, and extend the authorized term through June 30, 2021.
Financial Implications: Equipment Maintenance Fund - $317,563
Contact: Liam Garland, Public Works, (510) 981-6300

11.-Annual Report on Gifts Received in Excess of $1,000 Aggregate Value
From: Board of Library Trustees
Recommendation: Adopt a Resolution accepting the Library’s annual gift report to the Berkeley City Council as presented and recommended by the Board of Library Trustees.
Financial Implications: None
Contact: Tess Mayer, Commission Secretary, (510) 981-6100

12.-Budget Referral: Berkeley Age-Friendly Continuum
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor)
Recommendation: Refer to the FY21 Annual Appropriations Ordinance process $20,000 for the Berkeley Age-Friendly Continuum.
Financial Implications: $20,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100

13.-Improving Hate Crimes Reporting and Response (Reviewed by the Public Safety Committee)
From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Refer to the City Manager to review the following proposals and implement new systems for reporting and response to hate incidents and crimes: -Develop a Hate Crimes Reporting Hotline (modeled after the San Francisco District Attorney’s hotline) to be staffed by the Berkeley Mental Health Division or a non-profit community partner. The Hotline will provide support for victims and those reporting hate crimes/incidents, and direct victims to resources and how to report hate crimes or incidents. Consider existing internal and external resources including the City’s 311 Customer Service line and the County’s Hate Crimes Reporting Hotine. -Explore adding hate crimes to the BPD Online Crime Reporting System to allow individuals to report specific hate related criminal acts or incidents. -Launch a public information campaign including the production of informational videos, posters, and ads in different languages about what is a hate crime and how to report it to Berkeley Police. -Conduct proactive outreach and develop partnerships with religious leaders, community service providers and organizations that work with groups which have historically been the target of hate crimes/incidents. -Refer to the Police Review Commission to review existing BPD policy on hate crimes (BPD Policy 319), request a report from BPD on hate crimes statistics and its implementation of BPD Policy 319, and review: privacy policies/procedures for reporting; culturally appropriate personnel structures to respond to incidents that will encourage reporting, reduce fear and provide support; The creation of accessible and multilingual reporting procedures and resources that deliver the clear message that hate has no place in Berkeley. -Refer to the Peace and Justice Commission, Youth Commission and Police Review Commission to develop a citywide campaign to promote outreach, education and dialogue regarding bullying, hate incidents and hate crimes. -Develop a public facing mapping tool that indicates patterns of hate incidents and crimes to help with outreach and prevention; -Coordinate with educational institutions (e.g. UC Berkeley and BUSD) to achieve goals. -Review other emerging policies and best practices in other communities that support an inclusive and safe community.
(On November 2, 2020 the Public Safety Committee made a positive recommendation to send the item to the City Council, as submitted in the revised material received on November 2, 2020 and further revised to include: Consider existing internal and external resources including the City’s 311 Customer Service line and the County’s Hate Crimes Reporting Hotline; and to coordinate with educational institutions (e.g. UC Berkeley and BUSD) to achieve goals.)
Financial Implications: Unknown
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14.-Navigable Cities Framework for Ensuring Access and Freedom-of-Movement for People with Disabilities in Berkeley
From: Councilmember Hahn (Author), Councilmember Robinson (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation:
1. Refer to the City Manager to incorporate relevant elements of the Navigable Cities Framework for Ensuring Access and Freedom-of-Movement for People with Disabilities in Berkeley, submitted to the City Council by the Commission on Disability, into the Berkeley Pedestrian Master Plan currently being updated, and any other planning processes for which the report would provide relevant information.
2. Refer to the Public Works and Parks and Waterfront Commissions to return to Council reports on ways that elements of the Navigable Cities Framework can be incorporated into the work, projects, contracts, and policies of the Public Works and the Parks, Recreation & Waterfront Departments.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

Action Calendar

-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 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, line up at the podium 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.

15.-Renewal of the Elmwood Avenue BID for Calendar Year 2021
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, “the District”, “the Elmwood BID” or “the BID”) for 2020-21 and, if no majority protest exists, levy annual assessments in the District for calendar year 2021 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.
Financial Implications: See Report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

16.-Renewal of the Solano Avenue BID for Calendar Year 2021
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “Solano BID Advisory Board” or “the BID”) for 2020-2021 and, if no majority protest exists, levy annual assessments in the District for calendar year 2021 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds.
Financial Implications: See Report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

17.-Closure of the crossing at Camelia Street/Union Pacific (UP) Railroad Corridor; Amending Berkeley Municipal Code Chapter 14.24
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance amending Berkeley Municipal Code Chapter 14.24, to close the existing Union Pacific (UP) railroad crossing at Camelia Street to all traffic.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

18.-General Plan Amendment: Vehicle Miles Traveled for Transportation Impact Analysis under the California Environmental Quality Act
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving a General Plan amendment that replaces Level of Service (LOS) with Vehicle Miles Traveled (VMT) as the criteria used to determine transportation-related environmental impacts under the California Environmental Quality Act (CEQA). This update is required by Senate Bill (SB) 743. Findings for the General Plan amendment are included in the report.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

19.-Amendment: FY 2021 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending FY 2021 Annual Appropriations Ordinance No. 7,724 - N.S. for fiscal year 2021 based upon recommended re-appropriation of committed FY 2020 funding and other adjustments since July 1, 2020 in the amount of $184,267,388 (gross) and $179,848,051 (net).
Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, (510) 981-7000

20.-Updates to the COVID-19 Emergency Response Ordinance
From: 4x4 Joint Task Force Committee on Housing
Recommendation: Adopt first reading of an ordinance (effective February 1) amending Berkeley Municipal Code 13.110, Title 13, “The COVID-19 Emergency Response Ordinance,” to enhance emergency tenant protections consistent with recently adopted Alameda County laws, action in other jurisdictions, and consultation with community stakeholders representing marginalized groups.
Financial Implications: See report
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

21.-Contract: Youth Listen Campaign with Voices Against Violence, A Program of the McGee Center for Food, Faith & Justice
From: Councilmember Davila (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments for the Youth Listen Campaign with Voices Against Violence: A Program of the McGee Center for Food, Faith & Justice, for the period October 15, 2020 through June 15, 2021, for an amount not to exceed $50,000.
Financial Implications: $50,000
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

22.-FY 2020 Year-End Results and FY 2021 First Quarter Budget Update
From: City Manager
Contact: Teresa Berkeley-Simmons, Budget Manager, (510) 981-7000

Public Comment – Items Not Listed on the Agenda