City Council Regular Meeting eAgenda November 28, 2023

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, November 28, 2023
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/1619253897.  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: 161 925 3897. 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.

-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.

Consent Calendar

1.-2023 Conflict of Interest Code Update Report
From: City Manager
Recommendation: Adopt a Resolution adopting a revised Conflict of Interest Code for the City of Berkeley and rescinding Resolution No. 70,074–N.S.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

2.-2023 Annual Commission Attendance and Meeting Frequency Report
From: City Manager
Recommendation: Adopt a Resolution approving a revised commission meeting frequency schedule, accepting the 2023 annual commission attendance and meeting frequency report, and rescinding Resolution No. 69,331-N.S.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

3.-Environment and Climate Commission – Appointment of New Youth Members
From: City Manager
Recommendation: Adopt a Resolution appointing two youth members to the Environment and Climate Commission recommended by the Berkeley Unified School District Board of Directors.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

4.-Contract No. R9704 Amendment: City of Albany for Animal Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend an existing contract number R9704 and any amendments with the City of Albany to provide certain animal care services for which the City of Albany will pay the City of Berkeley $291,019 for services performed from FY2024 through FY2026, for a new not to exceed amount of $945,512.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

5.-Contract: Echo Cartagena, DVM to Provide On-site Relief Veterinary Coverage for Berkeley Animal Care Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Echo Cartagena, DVM, for temporary, on-site veterinary services for Berkeley Animal Care Services (BACS) for January 2024 to June 2024, which establishes a contract in an amount not to exceed $60,750.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

6.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 28, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.
Financial Implications: Various Funds - $6,880,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7.-Revenue Grant Agreement: Funding Support from Alameda County to Provide Public Health Nursing Services for Foster Care Children/Youth
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant agreement to Alameda County, to accept the grant, and execute any resultant revenue agreements and amendments to provide public health nursing services for the Alameda County Foster Care Program, Services to Enhance Early Development (SEED) in the projected total amount of $673,179 for July 1, 2023 to June 30, 2026.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

8.-Authorizing a Lease of 830 University Avenue to Berkeley Free Clinic
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to enter into a lease for 830 University with Berkeley Free Clinic.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

9.-Contract No. 32300062 Amendment: Moreland Investigations for Applicant Background Investigations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300062 with Moreland Investigations, to extend the existing capacity to perform background investigation services and amend the current contract from $50,000 to $200,000 from November 3, 2022, through November 2, 2027.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

10.-Contract No. 32200152 Amendment:  Cindy K. Hull & Associates Forensic Consulting Services, LLC
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200152 and any necessary future amendments with Cindy K. Hull & Associates Forensic Consulting Services, LLC for the Police Department, increasing the contract amount by $150,000 for a total not to exceed the amount of $200,000 with the contract end date of October 1, 2026.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

11.-Appoint Tracy Matthews to the Berkeley Housing Authority Board
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution appointing Tracy Matthews to serve as a Tenant Commissioner on the Berkeley Housing Authority Board of Commissioners for a two-year term.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

12.-Civic Arts Referral for Memorial Wall to Councilmember Dona Spring and Budget Referral for Civic Arts Staffing
Supplemental material (Supp 2)
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor)
Recommendation: Refer to the Fiscal Year 2024/2025 Budget Process $162,000 from the General Fund and allocate one additional FTE for staffing for Civics Arts and refer to the Civic Arts Commission to commission a Memorial Wall to Dona Spring at the Animal Shelter.
Financial Implications: General Fund - $162,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100

13.-Accept grant funding of $75,000 from San Francisco Foundation and amend Contract No. 32200161 with Creative Development Partners to     extend consulting work associated with Equitable Black Berkeley Initiative
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to receive  $75,000 of grant funds from the San Francisco Foundation (SFF) (see Attachment #2) for project support for the Equitable Black Berkeley (EBB) initiative and execute an amendment to Contract No. 32200161 with Creative Development Partners (CDP) to add $75,000 to the existing ideation facilitator contract supporting the EBB for a total contact amount not to exceed $200,000 and extending the contract term to September 30, 2024.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14.-Designating Open Space Adjacent to the Ninth St Greenway between Heinz Ave and the Berkeley-Emeryville border as a Linear City Park Pursuant to BMC 6.42
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor)
Recommendation: Adopt a resolution designating open space adjacent to the Ninth St Greenway between Heinz Ave and the Berkeley-Emeryville border (Folger Ave) as linear City park space and formally dedicate this site for permanent recreational use pursuant to Berkeley Municipal Code 6.42.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

15.-Healthy Black Families 10th Anniversary Celebration
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution approving the expenditure of funds, including $500 from Vice Mayor Ben Bartlett to the Healthy Black Families 10th Anniversary Celebration event. The funds should be relinquished to the City’s general fund for this purpose from the discretionary council office budget of Vice Mayor Ben Bartlett and any other council members who would like to contribute.
Financial Implications: Councilmember's Discretionary Fund - $500
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

16.-Refer to the City Manager to Enhance the City’s Deconstruction and Construction Materials Management Enforcement and Regulations and Refer to the AAO #1 Budget Process $250,000 for Social Cost of Carbon Nexus Fee Study for Berkeley Origin Construction and Demolition Debris (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Harrison (Author)
Recommendation:
1. Refer to the City Manager to review and develop enhanced and enforceable City deconstruction and materials management regulations, including the following elements: a. Review of national and international best practices for regulating deconstruction, diversion, recycling, and reuse of construction and demolition materials; b. Integrate deconstruction and construction and enhanced demolition debris management, tracking, and regulation into the Department of Public Works’ Zero Waste Strategic Plan and Transfer Station upgrade as appropriate; c. Policy options for (1) enforcing minimum State diversion and recycling requirements, (2) new deconstruction requirements applicable to all permitted Berkeley projects including defining specific building components that are potentially reusable and requiring an enforceable salvage survey provided by the City, a reuse organization, or other third party approved by the City, (3) potentially implementing a social cost of carbon fee on construction and demolition debris, (4) possible enhancements to minimum statewide diversion goals, (5) comprehensive tracking of the disposition of construction and demolition materials, (6) enhancing diversion from un-permitted projects, and (7) integrating salvageable material into developer project planning and budgeting process and permit application plan set (as opposed to at time of final permitting). d. Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.
2. Refer to December 2023 Budget AAO #1 Process $250,000 to conduct a nexus fee study (using the latest academic research, updated damage functions, and low discount rates)  for a potential social cost of carbon fee to be applied e.g., to the impact of displacing existing embodied carbon (landfilled construction and demolition debris) and replacement with new embodied carbon. The purpose of the fee is to incentivize reuse and deconstruction, minimize demolition, maximize useful embodied carbon, and fund the City’s ongoing green building work and services.
Policy Committee Recommendation: To refer the revised agenda material with a positive recommendation to Council with the following revisions to the recommendation:
1. Section C.3 to read as follows: “potentially implementing a social cost of carbon fee on construction and demolition debris”.
2. Section D to read as follows: “Background survey on contents of existing building stock to get more data on intended impact and opportunities regarding new deconstruction requirements; vetting of existing service providers (certified salvage contractors and salvage material vendors), markets for salvage materials, a list of approved reuse/salvage facilities; and a plan for educating contractors on requirements; and an analysis of the costs of compliance with and implementation of any proposed regulations and analysis of any corresponding impacts on feasibility of new construction.”
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

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.

17.-Street Rehabilitation Five Year Plan for Fiscal Years 2024-2028
Supplemental material (Supp 2)
Revised material (Rev 2)
Presentation
From: City Manager
Recommendation: Adopt a Resolution adopting the Five Year Street Rehabilitation Plan for Fiscal Years 2024-2028.
Financial Implications: See report
Contact: LaTanya Bellow, Public Works, (510) 981-6300

18.-Healthy Checkout Ordinance Update
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400